6. Acţiune în anularea actelor frauduloase. Natura juridică a termenelor prevăzute de art. 118 alin. (1) din Legea nr. 85/2014
6. Action for annulment of fraudulent acts. The legal nature of the time limits laid down in Article 118(1) of Law No. 85/2014

Summary/Abstract: In view of the provisions of Article 118(1) of Law No. 85/2014, the 1 year time limit is a limitation period, intended to sanction the inactivity of the holder of the action. Consequently, under Articles 2.522–2.544 of the Civil Code, this period is subject to suspension and interruption and also allows for an application for reinstatement within the time limit. By contrast, the 16 month time limit laid down in Article 118(1) of Law No. 85/2014 is a forfeiture period, intended to ensure that the act in question is necessarily carried out within that time; the sanction of forfeiture thus operates regardless of any fault on the part of the holder of the right of action, and the running of the period is not subject to interruption or suspension, save in the cases provided for in Article 2.548 of the Civil Code. The characterisation of the 16 month period as a forfeiture period follows both from the purpose pursued by the legislator, namely the establishment of an objective time limit, and from the grammatical interpretation of Article 118(1) of Law No. 85/2014, which uses the wording „no later than” with regard to the 16 month period. As regards the applicability of the two time limits laid down in Article 118(1) of Law No. 85/2014, their relationship is subsidiary, not alternative. Thus, the action for annulment of fraudulent acts must be brought within the 1 year limitation period, the 16 month forfeiture period being relevant only where, by the time it expires, the 1 year limitation period has not yet expired.

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