By Raphaël MORENON
23 August 2023
The action paulienne results from the provisions of article 1341-2 of the Civil Code, which states that "A creditor may also act in his own name to have acts performed by his debtor in fraud of his rights declared unenforceable against him, provided that he establishes, in the case of an act for valuable consideration, that the third party contracting with him had knowledge of the fraud". The criteria laid down by the text are: the existence of an act performed by the debtor in fraud of the creditor's rights; and if it is an act for valuable consideration, knowledge of the fraud by the contracting third party. The action paulienne is traditionally reserved for creditors of a sum of money, since its purpose is to protect their right of general pledge. Its first criterion, the existence of an act by the debtor in fraud of the creditor's rights, presupposes an objective element and a subjective element. The objective element of the action paulienne The objective element consists of the...
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