Formulation of the application for registration in the list of receivables of the main debtor. Suspension of the limitation period of the right to request enforcement against the main debtor.

LITIGII CU PROFESIONIŞTI

Abstract

Suspension occurs, therefore, only in respect of actions brought against the debtor subject to insolvency proceedings, and not in respect of other debtors, even jointly and severally liable, against whom there is no legal obstacle to continue the court, off-court actions or enforcement to cover the receivables. 
Solidarity presupposes the possibility for the creditor to recover its receivable from any of the debtors and, in the absence of an express legal provision, cannot have an effect on the limitation period of the right to request enforcement, especially since, in the present case, the suspension of the main debtor occurred due to its particular situation (state of insolvency), which does not exist in the case of the guarantor.