TI - A critical Study on condition of Actio Pauliana Die Möglichkeit mehrerer Gründe derselben Rechtsfolge und mehrerer gleicher Rechtsfolgen Uber das Wesen und die Rechtsfolgen des GlaubigeranfechtungsrechtsĪ Reinterpretation of condition on the Creditor's Right of Revocation Therefore whether prerequisite for Actio Pauliana is satisfied should be based on the dualistic theory and third parties’ bad will should be examined in a different point of view. To solve cases as mentioned above, scrutinization into case by case is needed to prevent third parties’ unexpected loss. Property depature act is becoming more intelligent as our industries are getting sophisticated and transactions associated also varied.
Therefore third parties’ bad will should only be presumed when they had explicit willingness to harm creditors.
Actio pauliana verification#
When debtors’ bad will is proved, and third parties’ bad will is presumed accordingly, verification of third parties’ good will is not easy in litigation.
In this thesis, theories and recent cases related with Actio Pauliana are discussed and critical opinions are also presented. Therefore a serious review on whether the interpretation of prerequisite of Actio Pauliana is constraining the right of debtors and third parties related is required in the context of balance between creditors’ interest and transaction safety. Actio Pauliana is a right of creditors to repeal debtors’ act and to replace a joint mortgage with debtors’ properties when they try to reduce their own property with a purpose of undermining a joint mortgage.Īctio Pauliana is a effective means to secure joint property for creditors, but on the other hand, can harm third parties in good faith when they can not bring forth evidence for their good will.
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