City Gloss

This disposition indicates that once declared the contest, the acts detrimental for the active mass realised by the indebted one within both years previous to the date of declaration will be rescindable, although fraudulent intention would not have existed. The legal prohibition would not enter game here of financial attendance for the acquisition of action/own participation, since the rescindable acts do not have to suffer from intrinsic vice some, but the foundation of the rescission would consist unique and exclusively of the injury of the active mass. Here the interested ones in the rescission would try to credit before the Court of the Mercantile thing that the sobreindebtedness of target company derived from the price to satisfy the salesmen constitutes a clear reduction of its patrimony and that the payment of this price, when lacking counterpart some in favor of target company or at least equivalent from the point of view of the integrity of the competing credits, harmed the active mass. The intention of the participants in the LBO would be completely irrelevant. Secondly, opposition of LBO ex- article 71,6 of Law Competing, according to which the exercise of the rescissory actions will not prevent the one of other actions of opposition of acts of indebted which they come according to right, which will be able to be exercised before the judge of the contest. In case of resorting to this route, the interested ones – now yes they would invoke before the Court of Mercantile the infringement of the legal prohibition of financial for acquisition of action/own participation, null attendance of right plenary session in accordance with article 6,3 of the Civil Code. Unlike the previous alternative, in this case the action would not be subject to temporary limit some, since the invalidity action never prescribes. Consequences of a successful opposition Evidently, the consequences of the success of the opposition of the LBO would be traumatic as much from the economic point of view like legal. .