Loan repayment guaranteed by issuing blank promissory notes and the guarantee of the National Credit Guarantee Fund for Small and Medium Enterprises (F.N.G.C.I.M.M.). Subrogation of the Fund to the creditor's rights within the amount paid.

LITIGII CU PROFESIONIŞTI

Abstract

The fact that the debtor beneficiary of the loan is in the insolvency procedure provided by Law no. 85/2014 and that the respondent is registered in the list of creditors' does not affect the obligation of the appellant who challenges the entire requested amount. 
On the one hand, according to the provisions of Article 52 para. 1 of Law no. 58/1934 on the bill of exchange and promissory note, the guarantor is jointly and severally liable with the issuer of the promissory note for the entire guaranteed amount, and on the other hand, the partial payment of the debt by the National Credit Guarantee Fund for Small and Medium Enterprises SA – IFN as an effect, the partial extinguishment of the debtors' obligation, respectively of the promissory note issuer and of the guarantor, but only the subrogation of the Fund in the creditor's rights, pursuant to Article 1108 point 3 of the Civil Code, within the amount paid.