![handle is hein.journals/perbularna2 and id is 1 raw text is: GUARANTEE ON ALL THE ASSETS OF THE DEBTOR
IN INSOLVENCY PROCEEDINGS
Assistant professor Roxana Anca ADAM', Phd student
Abstract
Unsecured creditors in the insolvency of the debtor's creditors are those who do not have collateral security
against the debtor's assets and who are not accompanied by liens privileges whose claims are current at the opening
proceedings and claims us for current activities during observation. In the matter of the bankruptcy secured creditors
set for secured debts are claims receiving collateral on the debtor's property, whether it is the primary obligor or third
party guarantee to persons benefiting from collateral. The secured creditor's secured claim in the insolvency procedure
is given by the value of collateral assessment arising after the opening of insolvency proceedings the debtor. These
special legal provisions contained in the bankruptcy, derogating from the common law, they often generate different
practical situations and have created jurisprudence. In judicial practice of insolvency have encountered situations
where the creditor security budget, which requires to be entered in the final table of the debtor in the category of
secured creditors, the debt claim, warranty claims for his claim is the universality of the debtor's assets. The study on
which we focused includes analysis of these categories of claims in insolvency proceedings and the solutions adopted in
judicial practice.
Keywords: insolvency, procedure, debtor, unsecured creditors.
JEL Classification: K22, K23
1. The concept of patrimony
An analysis of the concept of universitas facti or universitas juris has the concept patrimony
of as a starting point.
Patrimony is defined in literature2, as the total of all entitlements with economic value3 or of
pecuniary nature4 belonging to a real person or a juristic person.
One of the characteristics of patrimony is universitas juriss
The Civil Code6 while not having defined the concept of patrimony, or that of universitas
juris or universitas facti, references these in several of its provisions, particularly in succession
matters.
The New Civil Code7 has regulated both notions, of patrimony and universitas facti.
Thus, art.31 of the New Civil Code provides that Any real orjuristic person is the holder of
patrimony that includes the totality of its rights and liabilities that can be appraised in money and
belong to it.
Further, according to art.541 of the New Civil Code, universitas facti represents the
aggregate of the property belonging to one person and that have a common destination established
by its will or by law. The property representing universitas facti can as a whole or separately be the
object of distinctive judicial acts or relationships.
In legal practice related to insolvency frequently creditors occur, who by the claim
(receivable) request require their being recorded in the preliminary table of the debtor's creditors, in
Roxana Anca Adam -Transilvania University of Brasov, Brasov Court Judge, Romania, bularcaroxana@yahoo.com
2 loan Adam, Drept civil. Drepturile reale, All Beck Publishing House, Bucharest, 2002, p.4;
3 Ion LulI, Unele probleme privind notiunea de patrimoniu, in Dreptul Review no.1/1998, p.14;
4 Constantin Hamangiu, Jon Rosetti - Bilinescu, Alexandru BAicoianu, Tratat de drept civil roman, All Publishing House,
Bucharest, p.522;
loan Adam, op. cit., p.6;
6 Decreed on 26 11 1864, promulgated on 04 12 1864 and enforced on 01 12 1865;
Law no.287/2009 regarding the Civil Code, published in Monitorul Oficial [Official Journal] no.511/24 07 2009, republished in
Monitorul Oficial [Official Journal] no.505/15 07 2011, modified by OUG [Government Emergency Ordinance] no.79/2011,
published in Monitorul Oficial [Official Journal] no.696/30 09 2011 and by Law no.60/2012, published in Monitorul Oficial [Official
Journal] no.255/17 04 2012;](ViewImageLocal?handle=hein.journals/perbularna2&div=1&collection=&method=preview&ext=.png&size=3)
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