Actio pauliana
Tags: actio, actio pauliana, bankruptcy, faillisement, faillisementspauliana, pauliana.
The “actio pauliana” allows a creditor to annul a debtor’s legal action, if it adversely also affects the creditor. This includes, for example, situations where a debtor knows that he or she will be declared bankrupt and subsequently sells some of his assets (for a low amount) or increases them with a pledge.
Conditions
To use the ‘actio pauliana’, several conditions must be met:
- It must be an “obligatory” legal act. In other words, the legal act was performed without it being required by law or an agreement.
- The debtor knew or should have known that this would put the creditor at a disadvantage.
- The creditor must actually have been disadvantaged.
Annul
If these conditions are met, the creditor can annul the relevant legal act.
Types
Different types of ‘actio pauliana’ exist. The normal ‘actio pauliana’ is regulated in the BW. In addition, a bankruptcy type also exists which is regulated in the Bankruptcy Act.
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