Organic contractual freedom and slowing down insolvency
Organic contractual freedom and slowing down insolvency

Summary/Abstract: Law no. 151/2015 concerning the insolvency of natural persons with its further amendments is limiting the freedom to contract provided by art. 12 of the Civil Code in respect of the natural person debtor in insolvency only when this one is choosing or is forced to choose the notarial path, but, although the legal technic could be appreciated as a bad choice, we must admit that it shows a constant concern of the law maker to provide a monitoring of contractual reports of the debtor in insolvency procedure, a stability of the civil circuit, representing only one of the legal diligence acts of the law maker to replace insolvent debtor’s simulated deeds in order to fraud creditors’ interests and even to incriminate these deeds, which proves an increase of the phenomena and an orientation of the penal policy towards the total eradication of such a behavior of the debtor.

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