Acţiunea oblică – examinare prin comparaţie cu reglementarea din Codul civil francez reformat
03 01 2019
The derivative action arises from the joint security of creditors over the debtor’s estate. It entitles the unsecured creditor to exercise the rights and actions of the debtor, as if it were in its place, thus preserving its estate. The effects of the action, once admitted, are identical to the effects obtained by the debtor if it had acted itself.
By exercising the derivative action, the creditor does not acquire any own right. I...
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