DIVISION OF SPOUSES PROPERTY AND INSOLVENCY PROCEEDINGS

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.