(1) A transaction made by the debtor during the last 10 years prior to the request to open insolvency proceedings, or subsequent to such request, with the intention of disadvantaging the creditors may be contested if the other party was aware of the debtor’s intention on the date of such transaction. Such awareness is presumed if the other party knew of the debtor’s imminent insolvency and that the transaction constituted a disadvantage for the creditors.
(2) If the transaction has granted or facilitated the other party a security or satisfaction, then the period referred to in subsection (1) sentence 1 is four years.
(3) If the transaction has granted or facilitated the other party a security or satisfaction which that party was able to claim by dint of its nature and at that time, then the debtor’s imminent insolvency as referred to in subsection (1) sentence 2 is to be replaced by the actual insolvency. If the other party reached agreement with the debtor regarding payment or granted the debtor payment facilities in another manner, then it is presumed that it was not aware of the debtor’s insolvency at the time of the transaction.
(4) An onerous contract entered into by the debtor with a person with a close relationship to him or her (section 138) which directly constitutes a disadvantage for the insolvency creditors may be contested. Such contest is ruled out if the contract was entered into more than two years prior to the request to open insolvency proceedings or if the other party was not aware on the date of such contract of the debtor’s intention to disadvantage the creditors.