<abstract xmlns="http://www.w3.org/1999/xhtml"><p> The early regression of the fidejussor implies his ability to "turn" against the debtor even before he pays something to the creditor „To turn against“ in the sense of the new Civil Code, does not mean the right to actually receive a payment before the fidejussor has paid, at least in part, the claim of the creditor in whose favor he has guaranteed. The same principle applies in insolvency proceedings where the fidejussor, who has not paid anything yet, may exercise early regression, but his claim against the debtor will be a potential, conditional one, reason for which it will be included in the debt table under suspensive condition, without voting rights.</p></abstract>

The early regression of the fidejussor implies his ability to "turn" against the debtor even before he pays something to the creditor „To turn against“ in the sense of the new Civil Code, does not mean the right to actually receive a payment before the fidejussor has paid, at least in part, the claim of the creditor in whose favor he has guaranteed. The same principle applies in insolvency proceedings where the fidejussor, who has not paid anything yet, may exercise early regression, but his claim against the debtor will be a potential, conditional one, reason for which it will be included in the debt table under suspensive condition, without voting rights.

The Fidejussor’s Early Regression in the Insolvency Proceedings

Journal of Legal Studies

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

{"article-title":"The Fidejussor\u2019s Early Regression in the Insolvency Proceedings"}

The early regression of the fidejussor implies his ability to "turn" against the debtor even before he pays something to the creditor „To turn against“ in the...

The Fidejussor’s Early Regression in the Insolvency Proceedings

Published Online: Jun 29, 2018

Page range: 95 - 103

Received: Apr 01, 2018

Accepted: Jun 01, 2018

DOI: https://doi.org/10.1515/jles-2018-0008

Keywords
insolvency, fidejussor, new Civil Code, debtor

© 2018 Ștefan Ioan Lucaciuc, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

The Fidejussor’s Early Regression in the Insolvency Proceedings

Published Online: Jun 29, 2018

Page range: 95 - 103

Received: Apr 01, 2018

Accepted: Jun 01, 2018

DOI: https://doi.org/10.1515/jles-2018-0008

Keywordsinsolvency, fidejussor, new Civil Code, debtor

© 2018 Ștefan Ioan Lucaciuc, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

Keywords
insolvency, fidejussor, new Civil Code, debtor