Anularea actelor frauduloase ale debitorului în insolvenţa transfrontalieră

lect. dr. Alina OPREA

Facultatea de Drept, Universitatea Babeş-Bolyai

Abstract

Both in internal and cross-border insolvency proceedings, the avoidance of certain transactions concluded by the debtor and a third party, prejudicial to the interests of creditors, plays an important role in practice. Until now, at the level of the European Union, uniform rules have been instituted only as regards jurisdiction and applicable law in cross border insolvency proceedings, which aims to ensure stability and coherence and to reduce at least in part the costs imposed by the international character of the disputes. The article reviews the legal solutions that have to be followed in the matter, and highlights, through an analyse of the European Court of Justice’s pertinent case-law, the difficulties and inconveniences raised by them; also, it makes short proposals on the possible remedies that might be considered in the future.

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