Registration of the mortgage creditor in the preliminary list of claims. The debtor in insolvency is the acquirer of the asset that has been mortgaged to secure several debts of the transferor. Entry on the list with a claim up to the value

DREPT SOCIETAR ŞI DREPT MARITIM

Abstract

The third party acquirer of the mortgaged property is liable to the mortgagee for the mortgage debt, not with his entire assets, but with the immovable property encumbered by the mortgage, within the limit of the value of this property, so that if the value of the mortgaged property is less than the mortgage debt, which is secured by other collateral, the acquirer cannot be held liable for payment of the entire debt. Acquiring ownership of a mortgaged property does not mean taking over the entire debt that the seller of the property owes to the mortgagee, it does not create the legal effects of the trust, in which the creditor can pursue the guarantor directly for the debt of the debtor thus secured.