Glossary entry

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,

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.
Peer comment(s):

agree Gina W : this is correct, too: http://www.ppl.nl/catalogue.php?ppn=256361436&keyword=Actio ...
52 mins
agree Philippe Maillard
1 hr
merci, pour ce "agree" et pour tous les autres
agree Robert Frankling : Dictionnaire de droit québecois et canadien (au Québec)
10 hrs
merci aussi (et pour les autres "agree" - ça fait une drôle de phrase, mais enfin...)
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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 ...


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55 mins

Paulian action, action to annul agreements

Paulian action per Termium

action to annul agreements is another way to say Paulian action
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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.
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