3. Electa una via. Procedura insolvenței. Rezoluțiune de contract. Sarcina probei. Documente aflate în posesia reclamantei
3. Electa una via. Insolvency procedure. Agreement termination. Burden of proof. Documents held by the claimant

Summary/Abstract: If the law stipulates for two different procedures with the same finality, the decision of the parties to select the first alternative – in this case, the bankruptcy procedure, which equals the agreement enforcement option by entering the debt with the body of creditors – prevents the access to the second procedural route, i.e. the termination of the property sale and purchase agreement. Since on the writ of summons date, the accounting and corporate documents were exclusively held by the claimant, the burden of proof rests with the claimant, and not with the defendant.

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