Examen al practicii judiciare în materia atragerii răspunderii organelor de conducere ale debitoarei aflate în încetare de plăţi. Atragerea răspunderii administratorului în condiţiile art. 169 alin. (1) lit. d) din Legea nr. 85/2014
Analysis of The Judicial Practice Regarding The Liability of The Insolvent Debtor’s Management Bodies Attracting The Responsibility of The Administrator Under The Conditions of Art. 169 para. (1) lit. d) from Law no. 85/2014

Author(s): Dumitru Dobrev
Subject(s): Law, Constitution, Jurisprudence, EU-Legislation, Commercial Law, Court case
Published by: Universul Juridic
Keywords: Action for The Liability of The Administrator; Art. 169 of Law no. 85/2014; Debtor; Trustee in Bankruptcy; Fictitious Accounting;
Summary/Abstract: The cases under analysis are presented from two argumentation perspectives, a major one and a minor one, both leading (with regard to the same factual situation) to contrary solutions: admitting or dismissing the action for the liability of the administrator and/or other managers for the debtor’s stopping payments. Also presented are the efforts of the High Court of Cassation and Justice to unify jurisprudence in the field of this very common action in insolvency proceedings.

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