The Voidability of Legal Acts Shortening Creditors under the Civil Code and the Insolvency Act - Procedural Aspects
Abstract
The paper deals with the new regulation of the relative ineffectiveness of legal acts in the Civil Code and compares it with the special regulation of the ineffectiveness of legal acts of the debtor in the Insolvency Act, which was adopted several years earlier. The basis of the treatise is the substantive legal regulation of the institute, but due to its nature, the procedural aspects - the so-called voidability - cannot be separated from the substantive aspects.
The interpretation therefore focuses on the procedure of creditors towards the debtor or third parties when applying relative ineffectiveness and focuses on avoidance actions (both general and special), which are the basic instrument of the legal protection of creditors. With regard to the above-mentioned double regulation there are also problems in practice when both variants occur concurrently.
A specific problem is also represented by the clash of the relative ineffectiveness of a legal act with its invalidity and its resolution especially in the area of insolvency law.