Desfiinţarea unui contract de vânzare autentic ce prejudiciază un terţ încheiat de către debitorul obligat la plata unor sulte. Natura acţiunii

The dissolution of an authentic contract of sale to the detriment of a third party entered into by the debtor liable to pay the debt. Nature of action

Abstract

For the termination of a contract with an onerous title by a third party on the grounds of prejudice to the third party by the conclusion of the authentic act, there is a regulated way of revocation (pauline) action, provided by art 1562-1.565 C. civ.

Through such an action, in case of success, the contested act being proven fraudulent is unenforceable against the buyer, being able to be pursued as if it had never left the debtor's patrimony.

The revocation action being owned by the creditor, produces relative effects, in the sense that if it is admitted, only the damage suffered by the creditor will be repaired.

As such, the nullity of the act will not be established, a sanction that produces...