The Paulian Action within the Regulatory Context of Law no. 287/2009 concerning the Civil Code
The Paulian Action within the Regulatory Context of Law no. 287/2009 concerning the Civil Code
Author(s): Roxana Anca AdamSubject(s): Law, Constitution, Jurisprudence
Published by: Editura Universitatii Transilvania din Brasov
Keywords: general guarantee; fraud; complicity of the acquiring third party; uncontested claim
Summary/Abstract: The term Paulian Action originates in Roman law, where it was a class action carried in the name of all creditors by a curator bonorum, with the effect of obligating the debtor to pay the defrauded creditors an amount equal to the value of the alienated assets. As will be shown, in current legal practice the action is individual and benefits only the creditor who files suit. The term of revocatory action was coined by its main effect, namely of inter partes rescinding of the attacked deeds, which in modern law is considered synonymous to non-opposability.
Journal: Bulletin of the Transilvania University of Braşov, Series VII: Social Sciences and Law
- Issue Year: 2014
- Issue No: 1
- Page Range: 37-44
- Page Count: 8
- Language: English
