Creditorul în căutarea patrimoniului de afectaţiune profesională al debitorului său

Rezumat

This study approaches the question of the professional special purpose reserve, pursuing the impact which the non provision or the provision of this reserve non compliant with the concrete assignment of assets produces on unsecured creditors of the estate divisions. We emphasized the decisive role of a statement of assignment complying with the factual situation of the destination of assets resulting from the carrying on of the professional activity, its formalism and enforceability in relation to personal and specialized creditors. We developed the action against unenforceability as the sole sanction of omission or non compliance with the formal assignment of professional assets. Moreover, we found it useful to deepen the debtor’s freedom to set up collateral over assets from certain assets in favour of several creditors which have no relationship with the respective assets, as well as the possibility of the professional debtor to set up a personal security over non assigned assets in favour of several professional creditors.