2. Acţiunea în acte frauduloase având ca obiect operaţiuni de transfer a unor drepturi de folosinţă derivate din contracte cu executare succesivă
Both ordinary enforcement and the special, collective form of enforcement, such as insolvency proceedings, share the feature that, from a certain point onwards, the debtor’s creditors are forced to pursue their judicial endeavours in a dystopian real

Summary/Abstract: Both ordinary enforcement and the special, collective form of enforcement, such as insolvency proceedings, share the feature that, from a certain point onwards, the debtor’s creditors are forced to pursue their judicial endeavours in a dystopian realm of darkness akin to Gehenna in the Bible, where hope no longer exists and the only flicker of light is represented by certain procedures in which the taking of evidence entails an exceptionally laborious and exacting burden. Whereas, in the case of ordinary enforcement, the path of light is the actio pauliana, in the case of the abyss of insolvency proceedings, the thread of light of hope is found in the current regulation in Articles 117–120 of Law No. 85/2014. This alternation of rays of light in the world of shadows takes place against the background of the fact that the debtor’s skill in committing fraus creditorum has evolved in step with the development of commercial practices. Such a situation of increasingly artful deceitful acts is found in the case of debtors whose main income generating activity is based on rights derived from contracts with successive performance, such as leases, tenancies or intellectual property licence agreements which, during the dark suspect period, are the subject of sham unilateral declarations or termination agreements, in order to be transferred to entities behind which, through intermediaries, the debtor is hiding.

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