Collateral valuation rule

Modifications and substantive reforms of great influence. A first reform refers to the scope of separate execution held by special privilegedcredits with real guarantee of a In the reforms introduce by Collateral valuation rule, creits that have real guarantee are qualifie base on the value of the guarantee and the apthe value of the guarantees  . Similarly determination, the pending debts that enjoy preferential guarantee on the same asset will be deducte from the new tenths of the reasonable value of the asset or right on which the guarantee is constitute.

Substantive effects

Without in any case the value of the guarantee being less than zero, nor greater than the value of the privilege credit or the value of the maximum mortgage or pledge liability that had been agre). Collateral valuation rule Given that the special privilege only e extent of the  Vietnam Number Data  value of the guarant which
cases is much lower than the amount of the guaranteed credit -, the doctrine considers what part of that amount, obtaine in a separate execution, should be made its own. the holder of the guarantee credit. Thus, in view of this valuation collateral valuation .


Imperative content

Inderstood that its purpose is to determine the counting of votes of the privilegd creitors in the context of approval of the agreement, but without limiting their power to satisfy their creits against 100% of the result of the realizatioCollateral valuation rule to them. your
l  Substantive effects In contrast, a second position maintains that this  Vietnam Phone Number List  guarantee valuation rule is not only a rule for calculating liabilities, for the purposes of voting on a possible agreement, but that it has substantive effects, limiting the critor’s ability to obtain of the recovery, in case of separate execution, in such a way that the mortgage.

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