Acţiunea oblică şi acţiunea revocatorie la testul jurisprudenţei

Rezumat

In this paper our aim was to analyze from a jurisprudential perspective the derivative action and the revocatory action, the main judicial instruments of protection which are provided for the creditor and emerge from the joint guarantee of the creditors, wishing to highlight the way in which the legal regime of the two actions and the conditions prescribed by the legislator for their exercise were reflected in the courts’ jurisprudence in the decade following the entry into force of the Civil Code.
In this regard, after a brief introduction meant to describe the premises and the general plan of analysis, the attention focuses on the two institutions. In a primary section, the derivative action is analysed, with reference to its general landmarks, the conditions provided by law for its exercise, the particularities of the exercise of the derivative action and, finally, a few of its practical applications. The next section, with a relatively similar structure, focuses on the revocatory action, bringing into discussion aspects such as its legal regime and conditions, the effects, and the practical implications.
The paper underlines throughout its sections each time the courts had a different optic on an identical or similar aspect and tries to offer arguments in favour or, by contrary, against the provided solutions and critically analyses even those hypotheses on which the jurisprudence doesn’t seem to have divergent views, but which we have appreciated as not being in full compliance with the letter and the spirit of the applicable law.