Actio Pauliana / Cancellation of Disposition
"What transfers can be canceled?"
Quick Answer
A lawsuit allowing creditors to annul fraudulent asset transfers made by a debtor aiming to hide assets and evade debt collection.
Scope and Legal Distinctions
A creditor's cancellation-of-disposition action targets a debtor's transaction that frustrates collection. It is different from asking a court to declare that a simulated transaction was never genuine.
What to Check in Practice
Review the debt's origin, enforcement file, insolvency evidence, transaction date, consideration and relationship between debtor and transferee. The available route determines the conditions and deadline.
Sources & Authorities
Statutory framework and official guidance for this definition.
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