Fraudarea creditorilor şi neexecutarea culpabilă ca temeiuri ale ineficacităţii contractului

Avocat Izabella DAVID

Baroul Cluj

Lect. univ. dr. Mihai DAVID

Facultatea de Drept, Universitatea Babeş-Bolyai din Cluj-Napoca

Fraud against creditors and culpable non-performance as grounds for inefficiency of the contract

Abstract

The present study contains reflections on a number of case law solutions in domestic judicial practice. Issues relating to (i) alleged fraud against creditors' interests, (ii) the invalidity/inefficiency as a sanction of acts allegedly concluded by the debtor in disregard of creditors' interests, and (iii) the issue of non-performance of contracts will be addressed, together with the sanctions available to the contracting parties.

The solutions under discussion first of all address aspects (of substantive and procedural law) related to the fraud against creditors' interests, which is raised within or outside insolvency proceedings.

The following analysis also aims to capture...