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Causing intended detriment to creditors

February 2023 – Resolution of the Supreme Court of the Slovak Republic of 20.8.2020, Case No. 3Obdo 10/2020, R 64/2021 (Intent to act to the detriment of a creditor)

The condition to make legal acts void, as set out in Section 42a(2) of the Slovak Civil Code, is also met if a person that made a voidable legal act with a debtor did not know of the debtor’s intention to defraud its creditor, but should and could have known of such intention given the debtor’s situation and the circumstances in which the legal act was made.

 

Full article (Slovak) is available at this link.

 

Jaroslav Dolný Special Insolvency Practitioner
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