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Division Of Spouses Property And Insolvency Proceedings

Author

Listed:
  • Paul POPOVICI

    (Assistant Professor, “Dimitrie Cantemir”, University, Cluj-Napoca Law Faculty; lawyer, Arad Bar, ROMANIA.)

  • Lena STAN

    (Legal adviser, SC Expo Transilvania SA, Cluj-Napoca, ROMANIA.)

Abstract

The opening of an insolvency procedure impacts considerably the referred parties, indirectly affecting other people involved. We considered the case of a debtor’s spouse who is in a state of insolvency and the case of admitted personal liability according to art. no. 138 of the Romanian Insolvency Proceedings Law. The obvious interest for a fraudulent division of goods can be traced back to the circumvention of some valuable assets from the enforcement procedure. The authors offer, in a succinct and practical manner, a few clues aiming the annihilation of such frequent fraudulent acts, together with some relevant French jurisprudential doctrine.

Suggested Citation

  • Paul POPOVICI & Lena STAN, 2012. "Division Of Spouses Property And Insolvency Proceedings," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 48, pages 136-139, March.
  • Handle: RePEc:pmu:cjurid:v:48:y:2012:p:136-139
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    File URL: http://www.upm.ro/facultati_departamente/ea/RePEc/curentul_juridic/rcj12/recjurid121_12F.pdf
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    More about this item

    Keywords

    property division; spouses; insolvency; procedure;

    JEL classification:

    • K20 - Law and Economics - - Regulation and Business Law - - - General
    • K35 - Law and Economics - - Other Substantive Areas of Law - - - Personal Bankruptcy Law
    • K36 - Law and Economics - - Other Substantive Areas of Law - - - Family and Personal Law

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