This article characterises the specific legal institution of the insolvency receiver's entry into the proceedings of a creditor seeking Pauliana protection. The analysis shows that, as a result of the entry, the claim pursued changes by operation of law into a claim for declaring the act ineffective against the bankruptcy estate. The receiver freely decides whether to join the proceedings, which he may do both in the proceedings before the court of first instance and in the appeal proceedings, or he may resign from joining and bring an independent action. However, joining the proceedings must always be done in compliance with both time limits provided for in Article 132 § 3 of the Bankruptcy Act for the filing of Actio Pauliana by a receiver. After the entry to the proceedings, there is no procedural substitution, in particular the receiver does not act on behalf of the debtor or of the previous plaintiff; the receiver is bound by the status quo of the case and may not demand a repetition of actions performed in the proceedings before the entry.

The purpose of this article is to present the relation between the Actio Pauliana undertaken by the creditor and the ineffectiveness of a juridical act provided for in bankruptcy law. The analysis shows that the ineffectiveness of a juridical act towards the bankruptcy estate differs in meaning from the ineffectiveness towards the creditor, primarily because in the latter case the purpose of the ineffectiveness is to protect a specific receivable. This inference and the realization that the object of a juridical act carried out to the creditors' detriment is not included in the bankruptcy estate allow us to conclude that the creditor is entitled to bring and support the Actio Pauliana also after the declaration of the debtor's bankruptcy. Regardless of this solution, the applicable law prioritizes the protection of all creditors over the protection of one of them. Recognizing the bankrupt's juridical act as ineffective towards the bankruptcy estate (by virtue of law or as a result of a ruling) results in treating the object of the challenged juridical act as part of the bankruptcy estate. In this case, the creditor can no longer file the Actio Pauliana, and if he is in possession of a final judgment obtained following the said complaint, he cannot use it in enforcement proceedings conducted in his favour.