Revocatory action in Romania
Litigation lawyer in Romania. What is the Revocatory Action?
The revocatory action in Romania, also known in legal literature as the Paulian action in Romania is the legal instrument by which the law ensures the protection of creditors’ interests against fraudulent acts performed to the detriment of creditors in Romania. In other words, it is the civil action through which the creditor requests the court to declare the unenforceability of the fraudulent act in Romania, an act through which the debtor creates or increases a state of insolvency.
Lawyer for Paulian action in Romania. Parties
Parties to the civil action requesting the court to declare unenforceability of the fraudulent act in Romania are represented by the creditor, who files the lawsuit based on the revocatory action in Romania and the debtor, who is sued for acts performed to the detriment of the creditor and against whom the creditor exercises the Paulian action in Romania. Within the same lawsuit based on the revocatory action in Romania, the claim for declaring simulation can also be included as a separate claim, followed by a revocatory action in Romania.
The right to exercise the civil action concerning acts performed to the detriment of the creditor or requesting the court to declare the unenforceability of the fraudulent act in Romania is subject to a statute of limitations of one year from the date the creditor knew or should have known the damage resulting from the contested act, unless otherwise provided by law.
Civil Litigation Attorney. Legal Basis
The revocatory action in Romania or Paulian action in Romania is a civil action expressly regulated in the New Civil Code in articles 1562-1565. These articles explain what the revocatory action in Romania (Paulian action in Romania) entails, the conditions regarding the claim, the statute of limitations for the civil action, as well as the effects of its admission.
The Romanian Law Firm Pavel Margarit and Associates recommends that you seek the services of a lawyer for oblique action in Romania to understand the implications of the Paulian action in Romania and to benefit from personalized legal assistance to maximize your chances of success in a litigation involving a revocatory action in Romania.
Lawyer for partition in Romania. Where to File a Lawsuit Based on the Paulian Action in Romania?
Regarding the jurisdiction of the court in a litigation involving the Paulian action in Romania, it is determined based on the material value of the subject matter. According to the law, district courts have first instance jurisdiction over any monetary claims up to 200,000 RON, regardless of the parties’ status as professionals or non-professionals.
The Romanian Law Firm Pavel Margarit and Associates recommends seeking the services of a lawyer for Paulian action in Romania or lawyer for annulment of a sale-purchase agreement in Romania, unenforceability of the sale-purchase agreement in Romania lawyer to ensure that your lawsuit based on the revocatory action in Romania, Paulian action in Romania is filed with the competent court to resolve the case.
Lawyer for unenforceability of the sale-purchase agreement in Romania. Conditions for Admissibility of the Paulian Action in Romania
The provisions of the New Civil Code outline the conditions for admissibility regarding the revocatory action in Romania, namely: the damage suffered by the creditor as a result of fraudulent acts performed to the detriment of creditors in Romania, the debtor’s fraud, the third party’s complicity in the fraud (in the case of contracts for consideration), and, last but not least, the certain nature of the claim.
In the context of the requirement concerning the debtor’s fraud, it includes not only the debtor’s direct intention to prejudice the creditor but also the mere knowledge that the debtor is creating or worsening a state of insolvency.
The Romanian Law Firm Pavel, Margarit and Associates provides legal advice and legal assistance services in civil law, especially regarding assistance for initiating a revocatory action in Romania. A civil litigation attorney in Romania can support you in filing a lawsuit based on the revocatory action in Romania before the court, having great experience in civil litigation. In order to benefit from our professional support and for litigation lawyer advice, we invite you to fill in the contact form available on our website https://avocatpavel.com/contact/.
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Lawyer for unenforceability of the fraudulent act in Romania. Paulian Action in Romania – Effects
In the event that the revocatory action in Romania is admitted, the challenged act will be declared unenforceable against the creditor who filed the action, as well as against all other creditors who, having the right to file the action, intervened in the case.
Unlike the oblique action in Romania, where the creditor exercising the action does not personally gain a significant advantage over other creditors, meaning the asset will return to the common guarantee pool, in the case of the revocatory action in Romania, only the active creditor and potentially those who intervened in the lawsuit will be able to enforce the asset that was the subject of the fraudulent acts performed to the detriment of creditors in Romania.
The Romanian Law Firm Pavel Margarit and Associates invites you to seek the guidance of a lawyer for partition in Romania and a litigation lawyer in Romania to provide the necessary advice regarding the legal procedures by which you can request the court to declare the unenforceability of the fraudulent act in Romania, the unenforceability of the sale-purchase agreement in Romania.
Therefore, the revocatory action in Romania is a legal instrument through which creditors can request the annulment of fraudulent acts performed to the detriment of creditors in Romania. Additionally, the Paulian action in Romania also serves as a means to discourage debtors who might be tempted to fraudulently transfer assets to evade fulfilling their obligations.
Given the legal complexity of the action, The Romanian Law Firm Pavel Margarit and Associates recommends seeking the services of a litigation lawyer in Romania who has the necessary expertise to navigate through the legal and procedural complexities. Furthermore, a lawyer for partition in Romania, a lawyer for annulment of a sale-purchase agreement in Romania, unenforceability of the sale-purchase agreement in Romania or a lawyer for oblique action in Romania can correctly evaluate the debtor’s legal acts to determine if there are valid grounds to initiate the revocatory action in Romania develop an effective strategy for the success of the action, represent the creditor’s interests in court, and ensure that all legal aspects are properly addressed. In certain cases, a lawyer can also facilitate negotiations or mediations between the creditor and the debtor, finding amicable solutions to avoid prolonged litigation.
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