Acţiunea în anularea actelor frauduloase poate fi (sau nu) inclusă în categoria cauzelor de ineficacitate ale actului juridic civil?

Jud. dr. Mihaela Sărăcuţ

Can the action to cancel the fraudulent acts be (or not) included in the category of causes of ineffectiveness of the civil legal act?

Abstract

Analyzing the ineffectiveness of the civil legal act, doctrine indicates that this institution encompasses all those legal situations in which, for various reasons, objective or not, a civil legal act cannot produce its effects, either wholly or partially, permanently or temporarily, as a result of the will of the parties or due to an independent fact.

Among the sanctions that render the civil legal act ineffective, the doctrine enumerates: nullity, resolution, termination, revocation, reduction of excessive liberalities, expiration, and the paulian or revocatory action.

Keywords: causes of ineffectiveness of the legal act, fraudulent acts, bankruptcy annulment action, insolvent debtor, paulian...