II. DOCTRINĂ Admiterea acţiunii pauliene, sfârşitul sau (abia) începutul problemelor (creditorului chirografar)? Aplicaţie: urmărirea silită imobiliară
II. DOCTRINE Granting the paulian action – the end or (only) the beginning of the (unsecured creditor’s) troubles? Application: real estate enforcement

Summary/Abstract: The Paulian action has traditionally been a main subject of study within the general theory of obligations. This claim would have had every chance of being further strengthened after the entry into force of the new Civil Code, which is much more generous than its predecessor in terms of the attention paid to this action, referred to, in a somewhat less… Roman fashion, as a revocatory action. The right of the creditor who prevails in the Paulian action to consider that the transfer agreement, detrimental to him, between the debtor and the third party acquirer had never been concluded could remain an empty phrase and, moreover, just as ineffective as it was under the old Code, if essential aspects for the initiation and continuation of enforcement against the asset that formed the object of this agreement were not specified at the level of primary legislation and clarified through secondary legislation rules appropriate to a topic that is otherwise of unquestionable theoretical refinement. It is still not very easy to understand for legal practitioners, from bailiffs to land registry officers, that enforcement may be recorded against an immovable for which the land register shows, as owner, a person other than the one whom a third party (not just any third party, however…) has won the right, through court proceedings, to regard as remaining, even after the conclusion of the transfer agreement, the owner of the asset, one and the same as the debtor in the enforceable title. Departures from the general law regime on the release and distribution of the amounts obtained from enforcement become as complex as they are… inevitable when this amount is the adjudication price of an immovable enforced precisely by the creditor who has defeated the debtor and the third party acquirer in the Paulian action. Our analysis concerns the particular case of immovable property, so that, for understanding the obstacles to effective enforcement against immovables, it becomes necessary to examine the provisions of the orders issued by the National Agency for Cadastre and Land Registration.

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