Full-text resources of CEJSH and other databases are now available in the new Library of Science.
Visit https://bibliotekanauki.pl

Refine search results

Journals help

  1. 1 Kwartalnik Prawa Prywatnego

Authors help

  1. 1 Ciaptacz J.

Years help

  1. 1 2020

Results found: 1

first rewind previous Page / 1 next fast forward last

Search results

Search:
in the keywords:  actio pauliana
help Sort By:

help Limit search:
first rewind previous Page / 1 next fast forward last
1

Prawo właściwe dla skargi pauliańskiej

100%
Ciaptacz J.
Kwartalnik Prawa Prywatnego
|
2020
|
vol. 29
|
issue 2
285-323
EN
This paper discusses actio pauliana from a private international law perspective. Its aim is to determine which law governs the creditor’s right to avoid fraudulent transactions between the debtor and a third party. The methodology employed in this paper is based on the assessment of possible solutions as to the law applicable to actio pauliana. The legal framework of these solutions encompasses Rome I Regulation, Rome II Regulation and the Polish Private International Law Act. The analysis is preceded by references to international insolvency law and comparative remarks. The article leads to the following conclusions. For the purpose of classification in private international law, actio pauliana constitutes a separate and autonomous legal institution. The provisions currently in force contain no explicit rule regulating this issue, but the gap is to be filled with a norm adopting the closest connection as a connecting factor. Consequently, actio pauliana is governed by the law applicable to the effects of a fraudulent transaction.
first rewind previous Page / 1 next fast forward last
JavaScript is turned off in your web browser. Turn it on to take full advantage of this site, then refresh the page.