PROTECTION OF THE CREDITOR FROM DEBTORS DEBTOR DRAWINGS

PROTECTION OF THE CREDITOR FROM DEBTORS 'DEBTOR DRAWINGS. COLLECTING RECEIVING BY REPEAL (PAVL) ISC.

 

If the debtor engages in transactions that consciously reduce his property, thereby harming the interests of his creditors, the injured creditor may request that these transactions be canceled. Disruptive transactions are being challenged before the court which has been ordered to make a decision declaring them to be relatively ineffective in relation to the creditor. In practice, this claim is called Pavlov Claim.

 

In order for the revocation action to be well founded, you must cumulatively have the following prerequisites:

1) The person seeking cancellation must be a creditor.

 

The creditor may be both Privileged ( Secured ) Non-Privileged ( Chytrographic ). It does not matter whether the claim has been established by a court order and whether the creditor has obtained a writ of execution or not.

2) The debtor must have acted (transactions) to damage the creditor.

 

Disability represents a reduction in the debtor's payability, which may result in an increase in the liability or a decrease in the asset.

The act may be any act of civil law - a one-sided transaction, a contract, a legal action (payment of a foreign debt). The action may be for consideration or free of charge.

3) The debtor must be aware that he ( she ) he ( she ) he ( she damages the interests of the creditor.

 

4) Where the action is for consideration, the person with whom the debtor has contracted must also have been aware of the disability. An exception to this rule is where the third person is a spouse, descendant, ascendant, brother or sister of the debtor, then knowledge is presumed unless proved to the contrary.

 

However, the Act does not allow the declaration of nullity of transactions by which third-party bona fide persons have acquired immovable property for consideration before the entry of the application for a declaration of nullity.

 

In summary, the revocation action is a way of protecting the creditor from damaging transactions of the debtor, aimed at reducing his property or increasing his obligations. Upon the successful execution of the revocation action in the patrimony ( property ) of the debtor, assets against which the enforcement may be directed and the claim collected.