The new Civil Code did not limit to a terminological qualification of the claim that art. 975 of the Civil Code of 1864 recognized it to creditors prejudiced by „devious acts done by the debtor to the detriment of their rights”.The revocation action, because this was the qualification, is not immune to criticism in any case, the action made available to unsecured creditors, was outlined, at the level of primary legislation, a promising l...

The concern to find solutions that allow the creditor of the unexecuted obligation from a bilateral contract to settle the situation created by this non execution as quickly as possible was one of those that found its refl ection in the regulation of the New Civil Code.The addition to the two forms of resolution/termination known under the old Code – the resolution/termination pronounced by the court, respectively the resolution/terminati...

Regardless whether you write for practitioners or for the academic environment, it is an exercise of great responsibility to review the text before publishing it. This is writing hygiene. It gives one the chance to detect not only spelling errors, but also judgment errors. (…) I am not always successful with this, precisely because writing rather gets me tired than attracts me. However, happily the safety net works because there was always so...

Art. 1.420 is part of the texts that Civil Code of 2009 did not take from the old Code. The text allows – in the case of an event considered by the parties as a term, but being an event, however not realized – that the provisions of chapter dedicated by the Civil Code to the term as a modality of the civil legal act to become applicable.The present study includes, in its first part, an analysis of the substantial aspects relevant to the ...