Cazuistică inedită într-o procedură de licitație – legalitatea caietelor de sarcini, legalitatea garanției de participare la licitație, legalitatea descalificării de la licitație pentru lipsa de bonitate, abuzul de drept
Unique cases in an auction procedure – the legality of specifications, the legality of the auction participation guarantee, the legality of disqualification from the auction for lack of solvency, abuse of rights

Summary/Abstract: The insolvency practitioner (IP) is legally permitted to draft a Tender Book for auctions in accordance with the creditors' decision. It is also within the IP's legal rights to exclude a bidder from the auction if the participation guarantee is not paid. This is because the guarantee serves to protect the creditors from losses if the final price is not paid. Furthermore, it is legal for the IP to exclude a bidder from the auction if the bidder lacks solvency. However, filing numerous complaints with the intention of delaying the judge's decision is regarded as an abuse of the right to petition.

• Details
• Contents