On June 14, 2023 the Supreme Court of 7 judges adopted a resolution, according to which the declaration of bankruptcy of a debtor does not result in the loss of a creditor’s legitimacy to bring an action to declare a legal act of the debtor ineffective under the provision of Article 527 of the Civil Code, the so-called actio Pauliana.
The resolution was adopted in connection with a legal issue concerning the special regulations of bankruptcy law regarding the recognition as ineffective against the bankruptcy estate of legal acts performed by the debtor at a time prior to bankruptcy, as to which bankruptcy law is based on the presumption that they are done to the detriment of creditors.
However, the Supreme Court assumed that the regulation of a universal nature contained in the Civil Code is independent of the provisions of the bankruptcy law, and any creditor may bring an action based on Article 527 of the Civil Code – provided that the prerequisites specified therein are met – regardless of the limitations under the bankruptcy law, in particular the time limits provided therein.