Year: 2026
Type: article
Abstract: An element of scientific novelty of the present research lies in the theoretical substantiation of the concept of "procedurally earmarked patrimony" for qualifying the debtor's estate within insolvency proceedings. In legal doctrine, the debtor's estate is mainly analyzed as a patrimonial universality or as the active mass of the procedure, without fully clarifying its legal nature in relation to the theory of patrimony. This research proposes interpreting the debtor's estate as a particular form of earmarked patrimony, established by operation of law at the opening of insolvency proceedings. This qualification highlights that the debtor's patrimony undergoes a functional legal reorganization, being allocated to a specific purpose - the collective satisfaction of creditors - and governed by a distinct legal regime of administration and realization. The concept of procedurally earmarked patrimony allows the integration of the debtor's estate into the general theory of patrimony and offers a coherent framework for analyzing the legal mechanisms of insolvency proceedings.
Author: Rodica Chirtoacă
Institution: Moldova State University
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7171546559