Fraud to the law. Conditions. Agreed-record report at auction drawn up by the judicial liquidator

DREPT COMERCIAL

Abstract

The Agreed-record of the adjudication of an immovable property, in the insolvency procedure, does not have the value of a purchase agreement (which is subsequently concluded at the notary), but has the value of a document certifying the outcome of the auction, the person of the auctioneer and the value, the price at which he the building was awarded. By concluding this Agreed-record, the liquidator does not, in any way, seek to circumvent the legal norms applicable to the liquidation, by exposing to sale and organizing the public auction, nor to withdraw from them, but, on the contrary, fulfills its obligations under art. 25 let. i) of Law no. 85/2006. In this context, neither the means used, the sale at public auction, cannot be considered as a fraudulent mechanism through which imperative legal provisions have been circumvented