Acţiune în anularea actelor frauduloase încheiate de debitor în dauna creditorilor

Claim for annulment of fraudulent acts concluded by debtor to the damage of creditors

Abstract

If the act whose annulment is requested concerns the creation of a preference right for an unsecured receivable, within the 6 months prior to the procedure opening, the presumption described in Art. 122 para. (3) of Law 85/2014 is applicable and it is a relative presumption that can be reversed with the contrary proof. The presumption derogating from the principle enshrined by Art. 249 of the New Code of Civil Procedure, that the person who makes a statement before the court must prove it, was set for reasons related to the protection of the creditors of the insolvent debtor, on account that said documents are suspected of fraud.

Concerning the objection for “normal conduct of the debtor’s current activity", said document - the movable mortgage agreement - does not fall in this situation. The normal conduct of the...