Eroarea expertului survenită cu ocazia evaluării bunului care face obiectul garanţiei – eroare esenţială în sensul art. 113 din Legea nr. 85/2014?
The expert's error in the valuation of the asset subject to the guarantee – essential error within the meaning of article 113 of Law no. 85/2014?

Summary/Abstract: In the particular hypothesis of a valuation report of the debtor's assets, considered inadequate and incomplete, the court is obliged to verify whether the omissions, inadvertencies or unfounded conclusions of the initial expert led to the creation of an erroneous appearance as to the value or essential characteristics of the assets. If this report is found to have exercised a decisive influence on the determination of preferential rights, the drawing up of the table of claims or other aspects central to the economy of the proceedings, then the error is considered to be of an essential nature within the meaning of Article 113 paragraph (1) of Law No 85/2014. Therefore, the deficient nature of the expert's report must be assessed in relation to its impact on the validity of the procedure in order to decide whether it was such as to significantly alter the outcome of the subsequent operations. The role of the court is to examine both the content of the technical document and the manner in which it was used by the parties involved or by the administrator or liquidator, in order to assess whether there is a real divide between the objective situation and the way in which it was understood at the time the contested measures were adopted.

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