Debt offsetting

DREPTUL AFACERILOR

Authors

  • Iulia Craiu Author

Abstract

The parties have mutual debts, acknowledged according to any court orders, and the provisions of art. 90 paragraph (1) of Law no. 85/2014 shall be correctly enforced. The court shall not receive the appellant’s allegations in the sense that the application of the offsetting rules is not compliant with the insolvency procedure, since even the Law on insolvency allows the official receiver to set off debts previously or subsequently to opening the procedure, without imposing any limits regarding the order of priority of debts. Stating that the offsetting results in favouring certain creditors or in the breach of the order of priority of debts shall be equivalent to the removal of a provision also included in the Law on insolvency. 

Published

2024-02-12

Issue

No. 1 (2019): Revista Română de Jurisprudență

Section

Articole

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