The dissolution of an authentic contract of sale to the detriment of a third party entered into by the debtor liable to pay the debt. Nature of actio

JURISPRUDENŢĂ COMENTATĂ ŞI ADNOTATĂ

Abstract

For the termination of a contract with an onerous title by a third party on the grounds of prejudice to the third party by the conclusion of the authentic act, there is a regulated way of revocation (pauline) action, provided by art. 1.562-1.565 C. civ.

Through such an action, in case of success, the contested act being proven fraudulent is unenforceable against the buyer, being able to be pursued as if it had never left the debtor's patrimony.

The revocation action being owned by the creditor, produces relative effects, in the sense that if it is admitted, only the damage suffered by the creditor will be repaired.

As such, the nullity of the act will not be established, a sanction that produces effects against any person, but only the fact that the transfer of the asset cannot be opposed by the creditor, the challenged act remaining valid between the contracting parties and opposable to others besides the claimant creditor.

As a result of the admission of the revoking action, it is not the restoration to the previous situation, but the revocation of the deed to the extent of the damage suffered by the creditor, that is, within the limits of the unrealized claims so far.