Hermann Lutz v Elke Bäuerle o de la ley aplicable a las acciones revocatorias concursales

Abstract

Transactional avoidance is typically an insolvency-related matter and the international jurisdiction and conflict of laws issues arising from it are solved accordingly. However and taking into account third parties’ expectations and the certainty of transactions, the application of the lex fori concursus to transactional avoidance may be avoided by opposing that the challenged transaction is not in accordance with lexcausae. The issue arising from this approach is that the success of a cross-border avoidance proceeding and in general insolvency proceedings’ objectives, are seriously hampered by this exception as evidence by the CJUE Hermann Lutz judgment.