Legal Nature Pauline Action - II
Keywords:
Pauline action, legal nature, Pauline theory, creditor, debtor, fraudAbstract
In part two, we will continue our analysis of Pauline action. It can be perceived as a form in which the creditor prejudiced by the fraudulent acts of his debtor entered into with or for the benefit of a third party. The real rise of the Pauline action was only marked by the development of capitalist relations in the XVII-XIX century. It is not by chance that the classic theories trying to explain the institution of Pauline action were elaborated by the German doctrine of the XIX century marked by the pandectist current. Among the classical theories, however, we also find theories that recognize the sui generis nature of the Pauline action, a theory supported by us.
References
Akkermans, B. (2008). The Principle of Numerus Clausus in European Property Law.
Golmsten, A. (1893). The doctrine of the creditor's right to refute legal acts committed by the debtor to his detriment, in modern legal literature. St. Petersburg: Printing house of M.M. Stasyulevich.
Ionescu, B. (2018). The Paulian Action. 2nd ed. Bucharest: Universul Juridic.
Sinitsyn, S. (2014). Numerus clausus and subjective rights: concept, meaning, interrelation. Civil Law Bulletin.
Usacheva, K. (2017). Fundamentals of non-competitive contestation in German and Austrian law. Bulletin of Economic Justice of the Russian Federation, No. 11, p. 164.
Stoica V. (2009). Civil law. Main real rights. Bucharest: C. H. Beck, pp. 21-23.
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