Lights and Shadows in the Twilight Zone. Considerations Based on the Legal Diagnosis of Disqualifying the Debtor’s Act in the Twilight Zone Prior to t
Lumini si umbre în zona crepusculară. reflecţii privind diagnosticul legal al sancţiunii actelor debitorului în perioada suspectă

Summary/Abstract: The legal diagnosis disqualifying the debtor’s acts is subject to academic controversy. In short, there are three major opinions on the subject: a) It is a common revocatory action. b) It is an action in avoidance of pre-filing transactions (voidable) c) It is a typical revocatory action pertaining to the insolvency procedure. The solution we are advancing is certified and it is based on the comparative analysis of other legal systems. The legal mechanism on which articles 75 and 80 are based on, meets two ends: a) It reassesses the debtor’s past in the period known as the twilight zone by reconsidering some of his acts as void due to their congenital defects. b) It restores property to the estate for the virtual benefit of all creditors by applying the Latin principle: Nemo liberalis nisi liberatus.

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