Actio Pauliana in italian judicial practice

Abstract

This article deals with matters relating to the awareness of harming creditors, the way it is proven and what its nature is with respect to both the debtor and the third person to whom the debtor has conveyed his/her assets. Due to the closeness of the legal texts in the Italian Civil Code and the Bulgarian Law on Obligations and Contracts, a number of solutions adopted in Italy could successfully and adequately find their place in resolving our local cases, in view of the fact that in our country the solutions of a number of questions are not so well and exhaustively developed. The article also focuses on the protection of the debtor and on the matters relating to the starting point of the limitation period, and the nature of the ‘relative invalidity’ effect.