THE REQUEST TO ACTION IN PERSONAL PATRIMONIAL LIABILITY OF THE EXECUTIVE BODY OF THE DEBTOR COMPANY. THE FAILURE TO SUBMIT ACCOUNTING DOCUMENTS - "METHOD" OF EVADING THE RIGORS OF THE LAW
THE REQUEST TO ACTION IN PERSONAL PATRIMONIAL LIABILITY OF THE EXECUTIVE BODY OF THE DEBTOR COMPANY. THE FAILURE TO SUBMIT ACCOUNTING DOCUMENTS - "METHOD" OF EVADING THE RIGORS OF THE LAW

Summary/Abstract: As a rule, persons in charge of managing and supervising the debtor's activity must fulfill their obligations to him with diligence, prudence and loyalty.However, the situations where the debtor itself is the one contributing to the appearance of the state of insolvency are not few,by committing one of the acts expressly provided for by Law no.85/2014. And when the state of insolvency is determined by performing operations that have led to the loss of some assets,the creation of fictitious passive elements, the misappropriation of the debtor's business from its normal course, the disappearance of accounting documents or the drawing up of fictitious accounts,the uncovered liability of the debtor can be repaired by attracting personal property liability to the persons who contributed to the debtor's insolvency.Thus, the opening of insolvency proceedings or bankruptcy proceedings therefore entails numerous implications for the debtor, especially since he is guilty of the occurrence of this state.

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