CONSIDERAȚII REFERITOARE LA CARACTERUL CERT, LICHID ȘI EXIGIBIL AL CREANȚEI POTRIVIT LEGII NR. 85/2014 PRIVIND PROCEDURILE DE PREVENIRE A INSOLVENȚEI ȘI DE INSOLVENȚĂ

The right of the creditor to request the opening of the insolvency procedure is one of the modalities which the legislator has made available to the creditor in order to materialize his claim right held against his debtor. The opening of the insolvency procedure does not have the characteristic of a proper enforcement, whereas insolvency does not offer to the creditor the guarantee of actual satisfaction of the claim right held against the debtor. The creditor entitled to request the opening of the insolvency procedure must have held against its debtor a certain, liquid and exigible claim for more than 60 days, which shall have the minimum amount set by the law. This study intends to analyze the characters of the claim of a creditor entitled to request the opening of the insolvency procedure, respectively the certain, liquid and exigible character.