Glossary entry (derived from question below)
French term or phrase:
action paulienne
English translation:
revocatory action
Added to glossary by
DocteurPC
Aug 1, 2005 14:34
18 yrs ago
9 viewers *
French term
action paulienne
French to English
Bus/Financial
Law (general)
I have found some references to this on google but I'm not sure if they all apply to my instance.
Il s'agit de la snaction de l'action paulienne de l'article 1167 du Code Civil qui est une des considérations législatives de la fraude en droit français.
Thanks in advance,
Il s'agit de la snaction de l'action paulienne de l'article 1167 du Code Civil qui est une des considérations législatives de la fraude en droit français.
Thanks in advance,
Proposed translations
(English)
Proposed translations
+3
3 mins
Selected
revocatory action
direct from GDT
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Note added at 4 mins (2005-08-01 14:38:57 GMT)
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here\'s the def: Action par laquelle un créancier demande au tribunal de révoquer les actes d\'appauvrissement accomplis par un débiteur cherchant à se rendre insolvable en vue de frauder son ou ses créanciers.
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Note added at 4 mins (2005-08-01 14:38:57 GMT)
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here\'s the def: Action par laquelle un créancier demande au tribunal de révoquer les actes d\'appauvrissement accomplis par un débiteur cherchant à se rendre insolvable en vue de frauder son ou ses créanciers.
Reference:
4 KudoZ points awarded for this answer.
Comment: "Thanks,"
51 mins
{creditor's} remedy of avoidance {of debtor's voidable dispositions}
FHS Bridge gloss entry: 'action by which a creditor can have declared void certain transactions by a debtor with a third party {and} prejudicial to his interests'.
Eurodicautom entry lazily based on Le Docte, Brussels, and therefore wrong 'by definition' = revocatory action - non-existent in Eng. law.
The Remedy of Avoidance under the Vienna Convention on the. ... The General Provisions of the CISG and the Remedy of Avoidance: A. Problems excluded from ...
Eurodicautom entry lazily based on Le Docte, Brussels, and therefore wrong 'by definition' = revocatory action - non-existent in Eng. law.
The Remedy of Avoidance under the Vienna Convention on the. ... The General Provisions of the CISG and the Remedy of Avoidance: A. Problems excluded from ...
55 mins
Paulian action, action to annul agreements
Paulian action per Termium
action to annul agreements is another way to say Paulian action
action to annul agreements is another way to say Paulian action
10 hrs
leave as is
40.
That proposition however cannot to my mind be derived from that decision, which concerned the status under the Brussels Convention of the action paulienne in French law, whereby a creditor may have a disposition of a right in rem in immovable property rendered ineffective as against him on the ground that it was made to the detriment of his rights by his debtor. That action may be instituted both against dispositions made for consideration by the debtor when the beneficiary acts in bad faith and against transactions entered into without consideration by the debtor even if the beneficiary acts in good faith. A reading of the judgment suggests that that latter point was decisive: an action which may be directed against a third party who has not committed any wrongful act cannot be regarded as an action 'which seeks to establish the liability of a defendant'. (31) That reasoning clearly cannot be transposed to the present case, where Mr Henkel is alleged to have contravened statutory prohibitions on certain types of contractual clauses.
http://www.curia.eu.int/common/recdoc/convention/gemdoc2003/...
A civil code concept not found in common law, thus no common law term.
That proposition however cannot to my mind be derived from that decision, which concerned the status under the Brussels Convention of the action paulienne in French law, whereby a creditor may have a disposition of a right in rem in immovable property rendered ineffective as against him on the ground that it was made to the detriment of his rights by his debtor. That action may be instituted both against dispositions made for consideration by the debtor when the beneficiary acts in bad faith and against transactions entered into without consideration by the debtor even if the beneficiary acts in good faith. A reading of the judgment suggests that that latter point was decisive: an action which may be directed against a third party who has not committed any wrongful act cannot be regarded as an action 'which seeks to establish the liability of a defendant'. (31) That reasoning clearly cannot be transposed to the present case, where Mr Henkel is alleged to have contravened statutory prohibitions on certain types of contractual clauses.
http://www.curia.eu.int/common/recdoc/convention/gemdoc2003/...
A civil code concept not found in common law, thus no common law term.
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