Page 167 - Carte Falimentul BIR

carried out regarding the nomination of magistrate Negru Cristina, "in order to
solve a petition for legal action, which did not exist in the Court Ledger". Under
these circumstances, it was established that the magistrate was not nominated for
the case, in accordance with the legal provisions (the address of the Commercial
Section of the Bucharest Court and the report the Court of First Instance, on the
Part II and III of File No 5615/2000).

The provisions stipulated in the two special laws (Law No. 64/1995 and
Emergency Government Ordinance no 186/1999) are mandatory provisions
regarding the competence of magistrates in the case of the reorganization and
bankruptcy procedures of commercial companies.

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By the resolution on June 29 2000 of a non-existing request in a lawsuit, the
magistrate Cristina Negru, who was not invested in judging the petition and did
not attend the court, performed the first procedural act, by quoting the parties.

Article 5 of the Civil Code states that:

"Laws on the interest to public order and good morals cannot be derogated by
conventions or particular provisions",

Therefore, the jurisdiction of courts and magistrates is a matter of public order.

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4. On July 10 2000, through Sentence no. 4461/2000, provided in File no. 5615/
12.03.2000 (????) when the BNR request did not even exist, the same magistrate,
Negru Cristina - without having the competence required by the law - activated
the bankruptcy procedure of BIR, on the basis of a petition for a lawsuit that was
not registered before at the court.

Although by BIR appeal it was requested to have specialized expertise, the
objection of unconstitutionality of GEO no. 186/1999 being mentioned, the
magistrate Negru Cristina rejected the BIR requests and initiated the bankruptcy
procedure.

In the sentence, Magistrate Negru Cristina, not legally invested in this case,
by misinterpreting the truth, and thus lying, shows that the National Bank of
Romania is the creditor of the International Bank of Religions, which is
absolutely unreal, since BIR has never borrowed any money from the BNR .

Also, the magistrate, Negru Cristina, indicates that BIR is in the payments
cessation, without mentioning which were the 30 days granted according to the
law, in which no payments were made; in fact, BIR made payments until July
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27 2000, when the group of liquidators forced the bank's leadership to leave and
occupied its offices by force.

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