Abstract

The Paulian action has existed in the modern Polish legal system from its very beginning. While it may seem to have been designed to counteract fraudulent actions based solely on disposal of one's assets, e.g. sale agreement, the debtors’ practices have evolved towards many other actions aimed at making enforcement ineffective, such as encumbering of assets or handing them over for use (lease, tenancy). The Polish case law and legal literature have positively confirmed admissibility of filing a Paulian action against such fraudulent activities. However, the propounded effect that the judgment declaring the action of handing over a thing for use under a lease or tenancy agreement allows for these rights to be disregarded in the mechanism of satisfaction by enforcement ineffective, is not free from certain doubts of a legal nature. The article aims at identifying the main problems connected with such concepts.