Mecanisme de dobândire și redobândire a averii debitorului insolvabil [Articol]

Abstract

Business relationships are a recent concept, currently expanding in doctrine and jurisprudence. Semantically, the term “relationships” signifies a plurality of interactions between individuals, while “business” is a vague term that only gained economic connotation in the 19th century in France. Economically, business relationships represent the totality of transactions between different partners. We could say that it is a heterogeneous notion encompassing a variety of relationships depending on their subject. In the context of insolvency proceedings, these relationships are regulated by articles 89-103 of Law 149/12, and articles 104-105 refer to the annulment of certain contracts of the debtor. When business relationships are established between the debtor and multiple partners, they are globally considered a “business flow”, and as a consequence, in insolvency proceedings, garnishment is applied to track the debtor’s assets held by other business partners. Additionally, for the actions or inactions of the founders that led to the state of bankruptcy, they are held subsidiarily liable. These legal instruments aim to acquire and recover the assets of the insolvent debtor.