Patrimoniul debitorului insolvabil

Abstract

The debtor's estate is a fundamental concept in insolvency proceedings and refers to the totality of assets and liabilities of a legal entity that falls under the insolvency procedure. It includes all the assets, rights, and obligations of the debtor at the moment the insolvency procedure is initiated and can be considered the economic activity estate of the debtor subjected to the procedure. An important aspect of defining the debtor's estate is distinguishing it from the debtor's patrimony. While the debtor's patrimony refers to the totality of its assets, rights, and obligations within a certain period, the debtor's estate focuses on those assets and liabilities that are subject to the insolvency procedure and are intended to be managed, realized, or liquidated in the interest of the creditors. It is important to emphasize that the debtor's estate is legally defined and regulated by specific insolvency legislation. Typically, it includes all the debtor's assets and liabilities at the time the procedure is opened, except for those expressly excluded by law or by the insolvency court based on justified reasons. Understanding and defining the debtor's estate is essential for comprehending the insolvency process and how the interests of creditors and the debtor are protected. In this context, the debtor's estate consists of the entity's patrimony and represents the totality of assets and liabilities of a legal entity subjected to the insolvency procedure.