The Characters of the Debt of a Creditor Entitled to Request the Initiation of the Insolvency Procedure

The creditor's right to request the initiation of the insolvency proceedings represents one of the modalities the legislator has made available to materialize the right of claim held against his debtor. The initiation of the insolvency proceedings does not present the characteristic of an actual foreclosure, as insolvency does not provide the warranty of the actual satisfaction of the right of claim held against the debtor. The creditor entitled to request the initiation of the insolvency proceedings must hold against his debtor an uncontested, liquid, and enforceable debt of more than 60 days, in a minimum amount established by law. This study aims to analyze the characters of the debt of a creditor entitled to request the initiation of insolvency proceedings, and respectively the uncontested, liquid and enforceable character.