Essay on the remedies of the creditor injured by family law acts and actions. Recognition of the private legal person as the holder of legal actions specific to family law Cover Image
  • Price 4.50 €

Eseu cu privire la remediile creditorului prejudiciat prin acte şi acţiuni de dreptul familiei. Recunoaşterea persoanei juridice de drept privat ca titular al acţiunilor în justiţie specifice dreptului familiei
Essay on the remedies of the creditor injured by family law acts and actions. Recognition of the private legal person as the holder of legal actions specific to family law

Author(s): Alin-Ioan Axente
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: family law; creditors; marriage; maintenance obligation; matrimonial agreement; partition; divorce; derivative action; revocatory action; simulation;

Summary/Abstract: The family law institutions have evolved in the Romanian legislation towards a reconfiguration determined by contractual influences. The diminishment of the role of the courts and the increasing importance of the agreement between family members in the configuration of their patrimonial relations has opened the way for the instrumentalization of the family law institutions (marriage, matrimonial agreement, divorce, lineage, legal maintenance obligation) and their hijacking towards ends that are prejudicial for some of the creditors of one or several members of a family. The current legal provisions regulate several remedies that are accessible for third parties. However, in many cases, these remedies prove themselves inefficient either due to a poor legislative process, or due to a lack of foresight of a fair balance between the concurring interests. In any case, the current legal context lets us conclude that family law is no longer an exclusive territory of individuals and that legal persons may claim the title of beneficiaries of family law regulations.

  • Issue Year: 2023
  • Issue No: 01
  • Page Range: 19-63
  • Page Count: 47
  • Language: Romanian