Limitele răspunderii adjudecatarului din procedura insolvenţei în cazul neachitării preţului oferit la licitaţie

The limits of the adjudicator's liability in the insolvency procedure in case of non-payment of the price offered at the public bidding

Abstract

Art. 149 of Law no. 85/2006, as amended, establishes that, in the event that there are no derogatory provisions that the reference legal norm would contain, or if such a norm is not itself incompatible with the application of common law, the civil procedure becomes incidental.

One of the most important criteria according to which the issue of compatibility must be resolved is that of the prevalence of the economic component, which is determined by the very purpose of Law no. 85/2006, as amended, and by reference to which the applicability, in addition, of the norms of Book V of the Code of civil procedure cannot be doubted.

The Code of civil procedure, which applies in addition to the provisions of Law no. 85/2006, as amended, not being...