Privileges for employees, why really?, TvI 2023/2

1. Introduction

A company's insolvency affects all its creditors, and that includes its employees. All of these creditors seek satisfaction of their claims, the sooner the better. This can lead to great turmoil, which manifests itself, for example, in attachment and foreclosure disputes. Nor is it bold to assume that creditors who are more vigorous in deed or capital than others will succeed in collecting their claim sooner than those others. All this is what the legislature intended to prevent. First, by means of the principle of paritas creditorum, the principle of equality of all creditors contained in Article 3:277(1) of the Civil Code. In principle, creditors all have equal rank, regardless of the date from which their claim dates and regardless of any attachment that may have been made.

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