Page 168 - Carte Falimentul BIR

Article 105 paragraph 1 of The Civil Procedure Code provides that:

"Procedural acts performed by an incompetent judge are null and void".

In the application of these provisions, it is obvious that the procedural acts
performed by Judge Negru Cristina without the jurisdiction required by the law,
on the basis of an application for a non-existent petition, are null and void.

In fact, Sentence no. 4461/2000 is null, also due to the provisions of art. 258 par.
th
1 Code of Civil Procedure, applicable on July 10 2000, which stipulates that:

“When the majority of the judges has been assembled, they will immediately
issue and sign the decision, under the penalty of nullity, together with the clerk,
thus being also revealed the opinions of the judges remained in the minority.”S

However, the handwritten minute of SentenceSS no. 4461/2000 was not signed
by the clerk, who was aware of the existing illegalities, which, according to the
above mentioned provisions, attracts both the nullity of the minute and the nullity
of the Sentence.

So the sentence that initiated the BIR bankruptcy procedure was pronounced:

- on the basis of a non-existent petition for legal proceedings, not pending before
the court;

- by the court's lack of competence, because it was not notified, it was not invested
in the examination of the application, so the court was incompetent;

- by a magistrate not invested according to legal provisions, therefore without

legal competence;

- based on a minute of the device absolutely null.

Under these circumstances, the Sentence no. 4461 / 10.07.2000 of the
Bucharest Court - Commercial Section where the International Bank of
Religion was declared bankrupt is ope legis, null by law .

5. Refering to the decisions pronounced after the replacement of magistrate Negru
Cristina in Case no. 5615 / 12.03.2000 by other magistrates, the following are to
be mentioned:

At the insistence of the representatives of the shareholders of the International
Bank of Religions, Magistrate Negru Cristina was replaced in the named file,
which was managed by the magistrates Năvala Maria, Florescu Elena, Zamfir

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