"Acţiunea în răzgândire" în oglinda procedurii de insolvenţă

Av. dr. Andreea DELI

ABSTRACT

Similar to the possibility - in insolvency proceedings - to have unilateral termination of ongoing contracts, the actions for the voidance of fraudulent acts benefit from certain significant derogations from the substantive law of obligations, subject to the fair rationale of protecting creditors. However, when used in a manner which ultimately leads to a sophism, such mechanisms end up reflecting the lack of the intrinsic purpose for which they were recognized by law. While in self-defense, can the ordinary law reactivate its own mechanisms, relying on the need for balance and predictability? This report sets out to analyze the arguments under which ordinary law might react in such cases, in an attempt to remedy the contradictions that insolvency would come to validate.

Keywords: action for stating simulation, non-opposability, ruling on the opening of proceedings, compulsory actions, actions for...