Revocative action. Limitation period. Third party’s complicity in committing fraud

DREPT CIVIL ŞI PROCESUAL CIVIL

Abstract

The simple signing by a person of a contract according to which the respective person pays  for acquiring an asset, even if with the limitations of acquiring its use in full at the seller’s  end of life, shall not be deemed as a legal presumption of knowing the depletion of that  person’s equity from the assets likely to be pursued. 

The claimant was required to prove the possible relationships of the parties to the case,  which might lead to such a certainty, a situation for which the criticism brought is found  as unsubstantiated, the provisions of para. 2 of Article 1.562 of the Civil Code being  correctly intercepted and applied in this case.