Curtea de Apel Timişoara, Secţia comercială, Decizia nr. 346 din 22 februarie 2011 (Studiu de Caz)
imișoara Court of Appeal, Commercial Section, Decision no. 346 of 22nd of February 2011 (Case study)

Summary/Abstract: Fraudulent acts are concluded with malfoy in order to breach another persons’ rights or to breach the law, with the purpose of obtaining a profit for the debtor or another person. As a consequence of the annulment of the act, the value returns to the assets of the debtor, and the eventual restitution of his/her prestation, the party that contracted with the bnkrupt, if he/she wa not an accomplice to to fraud, he/she will have a debt that she/he will present, together with the other creditors, at the assement of affairs. The legislator refers to the acts concluded or executed by the bankrupt debtor, meaning affairs that suppose a wilful act from the debtor’s side, specifically contract concluded with commercial partners.

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