Originea istorică, definiţia şi rolul acţiunii pauliene în concepţia Codului civil român şi a Codului civil francez. Actele atacabile

DOMINIC ALEXANDRU GIDRO

Avocat - Baroul Cluj

ABSTRACT

Paulian action represents, alongside oblique action and direct action, one of the most important means of protecting creditors in general. However, unlike direct actions, this legal mechanism provides general protection to all creditors, not just a few that are mentioned by the law. Against this backdrop, in the light of economic development and the many contracts concluded lately, especially in recent years, the knowledge of rights and the means of creditor protection should be of interest to all creditors. Unfortunately, although the paulian action is expressly provided for by law, creditors rarely resort to this legal mechanism to ensure the protection of their own claims. This reluctance is likely to arise from the fear of a long and cumbersome move to promote a litigation in the form of a paulian...