Concursul prezumțiilor în antrenarea răspunderii pentru fapta prevăzută la art. 169 alin. (1) lit. d) din Legea nr. 85/2014, din perspectiva Deciziei RIL nr. 14/2022
The cooperation of presumptions in incurring liability for the deed provided in art. 169 par. (1) letter d) from Law no. 85/2014, from the perspective of ril Decision no. 14/2022

Summary/Abstract: The question of incurring personal liability for the payment of bankruptcy debts has remained among the issues with an increased level of complexity over time, one of the causes being that of the necessary evidence, but difficult or even impossible to administer in support of the action that tends to compel the defendant to pay the debtor's liability or a part of it, under the terms of art. 169 et seq. from Law no. 85/2014. By means of the current regulation of conditions incurring personal liability for failure to keep accounts – art. 169 par. (1) letter d) from the Law on Insolvency Prevention Procedures and Insolvency – the regulator sought to create an easier evidentiary regime in the situation where the passive subject of the action does not comply with the legal obligation to hand over the accounting documents to the insolvency practitioner appointed by the syndic judge. At the same time, Decision no. 14/2022 of the ICCJ (Complete RIL) contributes to a revival of the approach to the fact regulated by art. 169 par. (1) letter d) from Law no. 85/2014, imposing an interpretation and unitary application that ensures an effective legal leverage against the culpable refusal of the persons responsible for handing over the accounting documents to the instrumenting insolvency practitioner.

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