Abstract

An action provided for in Art. 531 § 1 of the Civil Code, in the legal language termed actio Pauliana, is an action for transformation of an existing legal relationship. A favourable court decision creates a legal situation whereby a third person is obliged to endure enforcement addressed by the wronged creditor to the object of a futile legal transaction. The debtor neither regains ownership of that object nor may claim its transfer by a third party. This fully refers to the legal situation as shaped by the provisions of Art. 127–134 of the Bankruptcy and Reorganization Act of 28 February 2003.