Conditions of admissibility of the special revocation action regulated by Article 117 of the Law No 85/2014 on the procedures for preventing insolvency and of insolvency and the acts which may be challenged by means of this action Cover Image
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Condițiile de admisibilitate a acțiunii revocatorii speciale reglementate de art. 117 din Legea nr. 85/2014 privind procedurile de prevenire a insolvenței și de insolvență și actele care pot fi atacate pe calea acestei acțiuni
Conditions of admissibility of the special revocation action regulated by Article 117 of the Law No 85/2014 on the procedures for preventing insolvency and of insolvency and the acts which may be challenged by means of this action

Author(s): Ioan Adam
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: cancellation; revocation; debtor’s fraud; third party acquirer; third party complicity to fraud; legal operations; extrajudicial negotiations.

Summary/Abstract: Through this study we have made a thorough analysis of the conditions of admissibility of the special cancellation (revocation) action regulated by the provisions of Article 117 of the Law No 85/2014 on the procedures for preventing insolvency and of insolvency, as well as an analysis of the possibility of cancelling (revoking) any fraudulent act concluded by the debtor in the 2 years prior to the opening of the insolvency procedure. Likewise, we have analyzed what operations concluded, in the two years prior to the opening of the procedure, with the persons who have legal relationships with the debtor may be cancelled and the benefits recovered, if they are to the detriment of the creditors, except for the acts concluded in good faith in the execution of an agreement with the creditors, concluded as a result of extrajudicial negotiations for restructuring the debtor’s debts.

  • Issue Year: 2018
  • Issue No: 06
  • Page Range: 9-40
  • Page Count: 32
  • Language: Romanian
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