Acţiunea pauliană, faţă în faţă cu procedura insolvenţei: urmărirea bunului înstrăinat prin actul desfiinţat ca urmare a admiterii acţiunii

Dr. Bogdan DUMITRACHE

Executor judecătoresc

ABSTRACT

The new Civil Code did not limit to a terminological qualification of the claim that art. 975 of the Civil Code of 1864 recognized it to creditors prejudiced by "devious acts done by the debtor to the detriment of their rights".

The revocation action, because this was the qualification, is not immune to criticism in any case, the action made available to unsecured creditors, was outlined, at the level of primary legislation, a promising legal regime, the effect of non-enforceability, vis-a-vis the claimant creditors and, if applicable, the intervening creditors, of the successfully contested contract, but not sufficiently developed by provisions of the Code, so as to make the action really attractive.

Specifically difficulties were encountered, until very recent in the forced pursuit of the immovable...