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

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.