Abstract
The possibility to set aside the detrimental transactions or acts concluded by the (insolvent) debtor prior to the opening of insolvency proceedings is widely recognised in comparative law. Given, the significant divergences existing between the substantive legislations as regards the prerequisites for and the boundaries for the avoidance actions, the solution for the conflicts of laws is a major issue. The chapter reviews the legal norms consecrated by the European Insolvency Regulation(s) in the field, trying to assess their aptitude to sustain the objectives followed by the European legislator: stability, coherence and reduction, at least in part, of the costs generated by the international character of the disputes. Through an analysis of the European Court of Justice’s pertinent case law, the chapter highlights the difficulties and inconveniences raised by the complex articulation between lex concursus and lex causae and advances short proposals on the possible remedies that might be implemented in the future in this field.
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