In real life, our actions or other people, either from our entourage or without direct contact with us, can affect us negatively and lead to unpleasant situations with a broad spectrum of consistency. If they do not act firmly to counteract such actions, their effects may be far more serious than mere inconveniences and lead to considerable losses of time, money, reputation, social status, etc.
The following case exemplifies a situation of this kind. The person in question could have considerable financial losses if he did not intervene firmly by the Law Office "Iorga Elena Ramona".
Let's see the case:
A company enters into insolvency proceedings and handles all documents and accounting documents to the court liquidator appointed by the court. The liquidator as soon as he finishes studying the court documents finds that some fraudulent acts have been committed at the expense of the creditors enrolled in the final table of claims.
As a result of this finding, the liquidator formulates an application for the annulment of fraudulent acts by which he summons the lawyer who has entered into a fiduciary contract (legal assistance contract) for the company in question as a defendant. By this fiduciary contract, the lawyer had to purchase for the debtor company several plots of land located in the town of a mountainous village in the country in order to arrange specially designed buildings for school camps.
For the purpose of illicit evasion of large sums of money from the debtor company, this fiduciary agreement is concluded and the general manager of the debtor paid a considerable sum of money for the purchase of land to the lawyer's account.
To the surprise of the liquidator, the lawyer as a defendant makes a statement in which he unfolds the whole story at his own expense, probing with the documents what happened.
As a result of this meeting, the liquidator specifies his request, broadening the procedural framework, calls as a defendant the owner of one of the mountain lands and an employee of the debtor's general manager. Both of them used to go to the attorney's lawyer's office often.
At this point, at the request of the owner of the mountainous land, Law Office "Iorga Elena Ramona" intervened firmly.
As landlord's attorney, I made a response, and I applied for the dismissal of the action for annulment against him, as I considered he had no passive status.
At the same time, we asked for the absolute annulment of the bilateral promises of sale and purchase of the land because it was concluded one month after the money was transferred to the lawyer's account by the debtor company.
Since the landlord sold the land before the date of the conclusion of the bilateral sale-purchase promise, we have falsified because the defendant has not signed the bilateral sale-purchase promise.
The court has accepted the exception of passive procedural quality and has forced the lawyer to return to the debtor the amount of money paid to him for the purpose of acquiring land in the mountain area.
The lawyer of the company disagreed with the court's decision and appealed against the decision of the tribunal, the appeal being upheld and the case sent for retrial in order to clarify the end of the application for finding the absolute annihilation of the bilateral sale-purchase promise.
Following the appeal, the tribunal resolves the claim and finds that the promise was not signed by the defendant after going through the falsification procedure, so that he accepts our request for falsification and notes the absolute nullity of the bilateral sale-purchase promise. The lawyer again appealed, but the court of appeal dismissed his appeal as unfounded.
As a direct result of the firm and decisive intervention of the "Iorga Elena Ramona" Law Office, our client, the owner of the land, was relieved of the unpleasant effects of the company's lawyer's direct attack and substantial financial losses were hindered, alongside other less quantifiable losses as affecting our customer's reputation.