Reciprocal receivables existing at the date of opening the insolvency proceedings of one of the parties. Waiver of compensation for mutual claims by entering one of the parties in the preliminary table of receivables of the other party

LITIGII CU PROFESIONIŞTI

Abstract

According to Article 90 paragraph (1) of Law 85/2014 concerning the insolvency prevention procedures and insolvency procedures, with the subsequent amendments and supplements, the opening of the insolvency procedure will not affect the right of any creditor to invoke the compensation of its receivable to that of its debtor on it, whenever the legal conditions for legal compensation are met on the procedure opening date. 
Compensation can also be ascertained by the judicial receiver or the judicial liquidator. 
However, entering the creditor in the debtor's list of creditors without invoking the legal compensation of reciprocal receivables is equal to tacitly waiving the benefit of legal compensation. Therefore, by this application for registration in the list of creditors, the 
creditor gave priority to the recovery of his receivable against the debtor and not to the settlement of the mutual debts. 
 By tacitly renouncing the benefit of legal compensation, this creditor subsequently no longer has the possibility to invoke it in another case, in which he is summoned as a debtor to open his insolvency proceedings, an opening request made by the debtor on whose list of creditor it was entered. The moment when the legal compensation of mutual debts could be invoked ended previously, on the date when he requested the registration in the list of creditors of his debtor.