The Actio Pauliana

Abstract

As is evident from the title of this thesis, this work is an examination of the actfo Paulfana under Maltese law, with a constant comparison and contrast throughout to foreign law, namely, Italian law. Section 1144 of the Maltese Civil Code, the section that lays down the general principles relating to the action, was thoroughly examined. After a brief outline of the origin and evolution of the action, the requisites that are necessary to exercise the actf o Pauliana , these being, the consilfum fraudis and the ewntus damni were examined. However, this work is not limited to these two main requisites. Other requirements such as, the creditor, debtor and third party in the actfo Pauliana, and the fraudulent act that is impugned were also examined in detail. The effects of the exercise of this action were discussed, and the legal position of conditional and suspensive crediiors, and aii other crediiors whose debt is not yet certain, liquidated and due was noted with reference to the Proposed Amendments to the Code of Organisation and Civil Procedure. A brief comparison to two particular legal remedies, the actio surrogatorla and the actio simulatorla was also undertaken. It is to be noted that since Maltese law regulating the exercise of the actf o Pauliana consists of solely one legal provision, the Courts have not only interpreted and implemented the law but they have also supplemented the law when the need to do so arose and was felt. Such court judgments were abundantly quoted so as to sustain observations and arguments brought forward in this work. Constant reference to particular juristic authors, such as Baudry Lacantinerie, Giorgi, Ricci and Mancini cannot go Wliloticed.