The status of the Trade Registry Office in applications for a declaration of acquisition of ownership. Conditions for application

DREPT SOCIETAR ŞI INSOLVENŢĂ

Abstract

In view of Article 237 of Law no. 31/1990 and in relation to Article 249 of the Civil Code, there are no powers of the Commercial Registry Office to establish ownership, as such a request can only be made in relation to the person claiming a right to the property in question.

For the purposes of the law, the assets remaining after liquidation, which become part of the assets of the partners, are those which were not needed to cover the creditors' claims in the liquidation proceedings, a situation not permitted by the insolvency law, which requires the liquidator to recover all the assets of the debtor subject to the proceedings in order to complete the proceedings and to wind up the company.