Natura juridică a acțiunii Pauliene

Abstract

The Paulian or revocatory action is one of the great institutions of the Roman-Germanic system of law, with a millenary existence, a veritable legal colossus, the Paulian action has remained a living institution with a particular practical use. The Paulian action is governed by Article 895 of the Civil Code and is the legal action whereby the creditor seeks a declaration that legal acts concluded by the debtor to the detriment of his interests, such as legal acts by which the debtor creates or increases his insolvency, are unenforceable. Thus, the paulian action enables creditors to be protected if the debtor diminishes the assets that may be subject to seizure in order to avoid payment of his debts. It is exercised by the creditor against the third-party acquirer of the disputed asset, its purpose being in national legal systems to restore to the debtor's assets an asset which has been fraudulently disposed of. In this perspective, a paulian action is an action which allows a creditor to obtain the unenforceability against him of an act of disposition of assets made by a debtor in order to fraudulently reduce those assets. DOI: https://doi.org/10.53486/sstc.v2.61; CZU: 347.447.9; JEL: K15