Abstract

The article discusses the relation between the institution of individual actio Pauliana (Art. 527 of the Civil Code) and the right of the receiver to withdraw from an agreement.

It outlines the following sequence of events. First, the ineffectiveness of a legal transaction of the future bankrupt with a third party to the detriment of the creditors, confirmed by a constitutive final ruling of a court and consisting in a transfer of a thing (or right) from the future bankrupt’s estate to the assets of the party. Second, withdrawal of the receiver from the ineffective agreement.