This article analyzes the debtor and creditors as a civil-law community formed by the debtor’s insolvency. It outlines two models for determining the limits of conduct in insolvency: the general tort-based approach, grounded in prohibitions on harm and abuse of rights, and the collective fiduciary approach, which views insolvency as an involuntary partnership. The analysis highlights the central role of the debtor, whose conduct shapes the preservation of the estate and the interests of the community. The article concludes on the need to refine criteria for assessing debtor behavior within insolvency as a collective procedure.