The role of the “Actio pauliana” institution in the formation of the mechanism for invalidating debtor transactions within bankruptcy proceedings

Abstract

The aim of the research is to conduct an in-depth analysis of the historical aspects of the institution of invalidating transactions within bankruptcy proceedings, with a focus on the influence of Roman law on the formation of domestic legislation. The research also includes a comparative analysis of foreign legal norms related to this subject area. The methodological basis of the study encompasses both general and specific methods, such as formal-logical, scientific analysis and synthesis, comparative legal, and historical-legal approaches. The study of the emergence, establishment, and development of the institution of challenging debtor transactions is crucial for understanding its historical and legal nature within bankruptcy proceedings. In this context, the subject of the research includes the challenge of transactions in bankruptcy, based on the ancient Roman legal institution of “Actio Pauliana”, as well as an analysis of the influence of subjective and objective theories on modern legislation. Key elements related to the emergence of the “Actio Pauliana” institution in ancient Roman law, as well as the historical aspects of challenging transactions in the context of bankruptcy, have been examined. Attention is given to the application of the modified “Actio Pauliana” institution in the legislation of various countries. The research concludes that the “Actio Pauliana” was initially based on a strictly subjective theory, but over time, the focus shifted towards objective criteria. In conclusion, it is noted that the modern institution of invalidating transactions in bankruptcy proceedings preserves the foundations of Roman law, integrating both objective and subjective elements into the legislation of different countries.