Anularea actelor frauduloase ale debitorului insolvent
Canceling fraudulent acts of the insolvent debtor

Summary/Abstract: The invalidation of fraudulent agreements concluded within the suspect era is a topic of interest to the creditors of the insolvent debtor who find themselves in the situation of not being able to meet their claims. Moreover, this topic is of interest to the judiciary administrator who finds himself in the position of trying to redress the debtor, but because of the acts of the debtor is forced to request cancellation, invalidation of such documents in order to achieve the debtor's asset reunification, both for its eventual reorganization, but rather to cover the liabilities and the claims of the debtor.This paper aims to show of the likely situations where a debtor agreements may be regarded as falling under two of the juridical acts referred to at art. 80 of Law no. 85/2006, namely gratuitous acts (art. 80 par. 1 lit. A) and unbalanced acts (art. 80 par. 1 lit. B), which are the most common in legal practice. Also, in order to determine the requirements under which these acts may be invalidated, we will be discuss two of the many requirements, namely interest and time in which the action may be brought.

• Details
• Contents