{"id":2762,"date":"2021-05-12T16:56:15","date_gmt":"2021-05-12T16:56:15","guid":{"rendered":"https:\/\/enorcerna.com\/wiki\/definition\/paulian-action\/"},"modified":"2021-05-12T16:56:15","modified_gmt":"2021-05-12T16:56:15","slug":"paulian-action","status":"publish","type":"post","link":"https:\/\/enorcerna.com\/wiki\/definition\/paulian-action\/","title":{"rendered":"Paulian action"},"content":{"rendered":"
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\nThe Paulian action consists of the claim granted to the creditor to challenge acts of his debtor who intends not to pay his debt.<\/strong><\/span><\/p>\n

<\/p>\n

This action protects the creditor against fraud by the debtor. Not only with contracts but with any fraudulent act that seeks to reduce your assets in order not to face your debts.<\/p>\n

It does not make the contracts or acts entered into by the debtor null, but it renders them without effect. It is a way to protect the creditor's credit against the debtor's creditor fraud.<\/p>\n

This action is also known as a creditor fraud revocation action. This action originates from Roman law.<\/p>\n

Characteristics of the Paulian action<\/h2>\n

The main characteristics of this action are the following:<\/p>\n

    \n
  • It is an action of a subsidiary nature even of the subrogation action. This means that if you can bring the subrogatory action before, this mechanism should be used before the Paulian action.<\/li>\n
  • This action is usually subject to an expiration period. This means that if this action is not executed within a certain period of time, it will no longer be able to be used. It is not unlimited in time.<\/li>\n
  • The Paulian action has an active subject and two liabilities. The active subject is the creditor and the two taxable subjects are the debtor and the third party with whom the debtor has carried out fraudulent acts or contracts.<\/li>\n
  • It is a personal action.<\/li>\n
  • It does not intend to enforce the assets that have been fraudulently transmitted by the debtor to a third party, but to keep them to collect its debt.<\/li>\n<\/ul>\n

    Requirements<\/h2>\n

    In order to file this Paulian action, there are three requirements:<\/p>\n

      \n
    • Damage to the creditor's credit:<\/strong> This means that the debtor through contracts or acts reduces his own assets so much that he leaves the creditor unable to collect his credit. If the creditor has secured his credit, he cannot exercise this action.<\/li>\n
    • Fraud in the act or contract made by the debtor:<\/strong> For it to be understood that this fraud occurs, it means that the contracts have been made for consideration. The debtor reduces his patrimony with which he has to face his debts in exchange for nothing. Or that the goods have been undersold (for a much lower price than they should have been sold).<\/li>\n
    • Law against the debtor<\/strong>: That effectively the creditor has a credit right against the debtor.<\/li>\n<\/ul>\n

      Example of Paulian action<\/h2>\n
      \"Pauliana<\/figure>\n

      (A) owes (B) $ 100 in debt. <\/p>\n

      \"Example<\/figure>\n

      (B) does not want to pay (A) but has a $ 100 vehicle that (A) could run to pay off the credit. (A) sell off the vehicle for $ 1 to his friend (C) and thus (A) the debt cannot be collected.<\/p>\n

      \"Example<\/figure>\n

      It is at this time when (A) can exercise the Paulian action making that contract have no effect and the vehicle remains in the patrimony of (B).<\/p>\n

      \"Pauliana<\/figure>\n<\/div>\n\n\n
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      \n Rate this post<\/span>\n <\/div>\n <\/div>\n","protected":false},"excerpt":{"rendered":"

      The Paulian action consists of the claim granted to the creditor to…<\/p>\n","protected":false},"author":1,"featured_media":2763,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3],"tags":[],"class_list":["post-2762","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-definition"],"_links":{"self":[{"href":"https:\/\/enorcerna.com\/wiki\/wp-json\/wp\/v2\/posts\/2762","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/enorcerna.com\/wiki\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/enorcerna.com\/wiki\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/enorcerna.com\/wiki\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/enorcerna.com\/wiki\/wp-json\/wp\/v2\/comments?post=2762"}],"version-history":[{"count":0,"href":"https:\/\/enorcerna.com\/wiki\/wp-json\/wp\/v2\/posts\/2762\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/enorcerna.com\/wiki\/wp-json\/wp\/v2\/media\/2763"}],"wp:attachment":[{"href":"https:\/\/enorcerna.com\/wiki\/wp-json\/wp\/v2\/media?parent=2762"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/enorcerna.com\/wiki\/wp-json\/wp\/v2\/categories?post=2762"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/enorcerna.com\/wiki\/wp-json\/wp\/v2\/tags?post=2762"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}