Abstract:
Proper conduct of business activities requires economic operators to comply with their obligations under contracts. Production difficulties, competition, defective management are just some of the factors that can cause a financial unbalance, based on the lack of liquidity. Under theese circumstances, the legislator has provided certain measures and procedures to attempt improving, if possible, the situation of the debtor facing these problems, and also providing measures to prevent the prejudice of the creditors that can no longer satisfy their claim. Nevertheless, analyzing legal provisions, we observe that are not foreseen adequate safeguards for the creditor whose debt was established after the opening of insolvency proceedings. Court practice is not consistent as regards the admissibility of an application for the statement of affairs filed by a creditor that has not been notified by the private trustee, so we appreciate that the legal provisions must be revised in purpose of establishing a liability of the judicial administrator, for fault or grave negligence in fulfilling his duties properly, the law, in its current form, lacking predictability.
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