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universul juridic magazin
Revista Română de Drept Privat

Utilitatea convenţiilor cu privire la ordinea îndestulării creditorilor în raporturile de credit bancar

Although approximately six years have passed since the entry into force of the Civil Code, the doctrine has not clarified the notion of the agreements regarding the order of the creditors’ sufficiency and we do not know whether the case-law has enforced it so far. This is why an examination of this notion is required, including from the perspective of its utility, hoping that the doctrine will give it greater consideration in the future and that it will be effectively enforced in the internal case-law. In this study, we shall first highlight the correlation between the agreements related to the creditors’ sufficiency and the subordination agreements of the claims used for the international financing of the investment projects. On this basis, we intend to identify certain types of agreements regarding the order of the creditors’ sufficiency in the domestic law and the contracting parties. Finally, we shall formulate certain considerations related to the utility of these agreements in the banking credit relationships.