Atragerea răspunderii pentru intrarea în insolvență. Persoanele responsabile în accepțiunea art. 169 din Legea 85/2014 nu sunt în mod obligatoriu reprezentanții legali ai debitorului
Undertaking responsibility for insolvency. The persons responsible in the sense of art. 169 from law 85/2014 are not necessarily the legal representatives of the debtor

Summary/Abstract: The Insolvency Law 85/2014 [1], provides in art. 169 the circumstances and the conditions under which the civil liability of persons responsible for the debtor’s insolvency may be attributed. In practice, there are various situations in which the liability is, either of the legal representative or of the other persons, as the legal text provides. Through our analysis, we tried to review the main circumstances of accountability, as provided by law, as well as the case law has stated it, including those based on our practical experience. Finally, we referred to de facto manager and showed that there might be cases in which he might be responsible for the debtor’s insolvency. It can be noted that in practice this judicial approach is complex and involves a very serious analysis of the cases and conditions in which the patrimonial liability of the responsible persons can be attributed, with their identification based on some solid evidences, without which the action cannot succeed.

• Details
• Contents