Sechestru asigurător. Condiţii

DREPT SOCIETAR ŞI INSOLVENŢĂ

Rezumat

The Code of Civil Procedure refers to a receivable that is certain, since it is established in writing, in the sense that both parties have agreed on the receivable in question, the only deficiency being that the document does not have the quality of an enforceable title, and it is necessary to refer the matter to the court to obtain it.

In support of its claim, the plaintiff must produce a document accepted by the opposing party attesting to the existence of that claim, which is not the case here, since the invoice of November 2020 was not accepted by the defendant; on the contrary, the file data show that the defendant does not recognise that the work was part of the original contract.