Juxtapunerea sancţiunilor – nulitate versus inopozabilitate. Analiză de caz
JUXTAPOSITION OF SANCTIONS – NULLITY VERSUS UNENFORCEABILITY. CASE ANALYSIS

Summary/Abstract: This paper examines the legal mechanisms available in Romanian private law for sanctioning fraud, with a particular focus on the relationship between the Paulian action and actions for nullity based on illicit or immoral cause. It argues that the legal framework does not confine itself to a single remedy but instead employs a flexible and complementary set of sanctions aimed at neutralizing the effects of fraudulent acts. The Paulian action, by its nature, targets the patrimonial consequences of fraud rather than the fraudulent conduct itself, which may limit its effectiveness in fully protecting the interests of defrauded third parties. The analysis highlights that the coexistence of different legal remedies does not imply mutual exclusivity but rather functional complementarity. In this context, the nullity of a legal act for illicit or immoral cause may operate as a subsidiary remedy, particularly where the Paulian action proves unavailable or insufficient. The study further emphasizes that Romanian law provides adequate doctrinal and jurisprudential tools to address situations involving bad faith conduct by all parties to a transaction aimed at prejudicing third parties. Ultimately, the paper supports a nuanced approach to sanctioning fraud, advocating for the coordinated application of legal remedies to ensure effective protection of creditors’ rights and the restoration of patrimonial equilibrium.

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