[1. The New Romanian Civil Code - Law nr.287/2009 (entered into force in 2011);]Search in Google Scholar
[2. Law no.85/2014 on Insolvency Prevention Procedures and Insolvency;]Search in Google Scholar
[3. The Italian Civil Code;]Search in Google Scholar
[4. D. Alexandresco, Theoretical and Practical Explanation of Civil Law, Tomul X, Atelierele grafice Socec & co. Publishing House, Bucharest, 1911;]Search in Google Scholar
[5. C.Hamangiu, I.Rosetti-Bălănescu, Al. Băicoianu, Treaty of Romanian Civil Law, volume II, All Publishing House, Bucharest 1998.]Search in Google Scholar
[6. R.I.Motica, E. Lupan, The general theory of the civil obligations, Lumina Lex Publishing House, Bucharest 2008;]Search in Google Scholar
[7. A.G. Atanasiu, A.P. Dumitriu, A.F. Dobre et all, The New Civil Code. Notes. Correlations. Explanations, C.H. Beck Publishing House, Bucharest, 2011;]Search in Google Scholar
[8. Fl. Baias, R. Chelaru, R.Constantinovici, I. Macovei (coordinators), the New Civil Code - comments on articles art.1-2664, C.H. Beck Publishing House, Bucharest 2012;]Search in Google Scholar
[9. P. Vasilescu, Civil Law. Obligations - in the regulation of the New Civil Code, Hamangiu Publishing House, Bucharest 2012;]Search in Google Scholar
[10. E. Veress, Suretyship agreement, C.H. Beck Publishing House, Bucharest 2015.]Search in Google Scholar
[1. Court of Appeal Timişoara, civil decision no. 465/27 June 2017, file no. 6802/30/2016/a1]Search in Google Scholar
[2. According to art. 1673 Civil Code of 1864, „The fidejussor, without having paid, may claim indemnification from the debtor: 1. when he is sued in Court to pay;]Search in Google Scholar
[2. when the debtor is bankrupt or in a state of insolvency;;]Search in Google Scholar
[3. when the debtor has indebted itself in order to release him from warranty within a specified period and that period has expired;]Search in Google Scholar
[4. when the debt became payable by the arrival of the due date specified;]Search in Google Scholar
[5. after 10 years, when the main obligation has no fixed due date, but the principal obligation would not have been such that it could not be extinguished before a certain period of time, such as guardianship, or because the contrary was not stipulated‖.]Search in Google Scholar
[3. Radu I.Motica, Ernest Lupan, The general theory of the civil obligations, Lumina Lex Publishing House, Bucharest 2008, p.284.]Search in Google Scholar
[4. Dimitrie Alexandresco, Theoretical and Practical Explanation of Civil Law, Tomul X, Atelierele grafice Socec & co. Publishing House, Bucharest, 1911, p.159]Search in Google Scholar
[5. Art. 1953 Codice civile italiano - ―Rilievo del fideiussore‖ Il fideiussore, anche prima di aver pagato, può agire contro il debitore perché questi gli procuri la liberazione o, in mancanza, presti le garanzie necessarie per assicurargli il soddisfacimento delle eventuali ragioni di regresso (1179), nei casi seguenti:]Search in Google Scholar
[1. quando è convenuto in giudizio per il pagamento;]Search in Google Scholar
[2. quando il debitore è divenuto insolvente;]Search in Google Scholar
[3. quando il debitore si è obbligato di liberarlo dalla fideiussione entro un tempo determinato;]Search in Google Scholar
[4. quando il debito è divenuto esigibile per la scadenza del termine;]Search in Google Scholar
[5. quando sono decorsi cinque anni, e l'obbligazione principale non ha un termine, purché essa non sia di tal natura da non potersi estinguere prima di un tempo determinato.]Search in Google Scholar
[6. See Cristiana Irimia, in Fl. Baias, R. Chelaru, R.Constantinovici, I. Macovei (coordinators), the New Civil Code - comments on articles art.1-2664, C.H. Beck Publishing House, Bucharest 2012, p.2248.]Search in Google Scholar
[7. See Paul Vasilescu, Civil Law. Obligations - in the regulation of the New Civil Code, Hamangiu Publishing House, Bucharest 2012, p. 129.]Search in Google Scholar
[8. See Emod Veress, Suretyship agreement, C.H. Beck Publishing House, Bucharest 2015, p.187.]Search in Google Scholar
[9. According to Art.2305 Civil Code, „The fidejussor who has paid the debt is subrogated by law in all the rights which the creditor had against the debtor‖.]Search in Google Scholar
[10. According to art.109 of Law no.85/2014:]Search in Google Scholar
[„par.1 - A creditor who, prior to the filing of an application for admission of claims, has received a partial payment of his claim from a co-debtor or a fidejussor of the debtor, may have the claim entered in the claim table only for the part he has not received yet. The creditor has the obligation to report any amount received within 3 days of receipt.]Search in Google Scholar
[par.2 - A co-debtor or a fidejussor who is entitled to restitution or indemnification from the debtor for the amount paid, shall be recorded in the claim table with the amount he has paid to the creditor. In this case, the joint creditor has the right to demand that he be paid, until full payment of his claim, the share due to the co-debtor or fidejussor, remaining creditor only for the unpaid amount.]Search in Google Scholar
[par.3 - The co-debtor or fidejussor of the debtor which, in order to ensure its regress, has a preferential cause on its property, competes at the credential table in order to make this right possible, but the price obtained from the sale of the encumbered goods will be attributed to the creditor, decreasing from the amount due‖.]Search in Google Scholar
[11. According to art.2315 of the New Civil Code "If, as a result of the creditor's deed, the subrogation would not benefit the fidejussor, the latter is released within the limit of the amount that he could not recover from the debtor."]Search in Google Scholar
