This document explains the concepts of oblique and Paulian actions in law, including their effects, conditions, and differences.
Extract
[...] so a conditional creditor can bring a paulian action an act concluded by his debtor ? but a conditional claim is an uncertain claim. On the one hand, the legislator says that the claim must be exigible (because it does not retain the before-project) but it can be uncertain ? but this is not possible. Priority of the claim The claim must necessarily be prior to the act attacked. Unlike the oblique action which is admissible even if the claimant's claim arose after the debtor's right exercised obliquely, the paulian action is not indifferent to the date of birth of the claimant's claim. [...]
[...] This general pledge right (DGG) is provided for in articles 2284 and 2285 of the Civil Code. The creditor therefore has control over the debtor's assets. When the claim is certain and due and the debtor does not pay and persists despite his conviction, then the creditor will be able to have any asset of his debtor seized by the bailiffs. The DGG is a fragile guarantee for 2 reasons: - The creditor can only seize the current assets of his debtor on the day of the seizure Therefore, between the birth of the claim and the exercise of the DGG, the debtor's assets may have deteriorated or failed to increase in value. [...]
[...] For example: indirect action in revendication ? defendant may plead usucapion. Maintenance of the right to act of the debtor Debtor represented is not deprived of his right to act due to indirect action. He can therefore join the creditor in the action to obtain his due directly. The creditor is not, however, obliged to involve the debtor ? not obliged to join The practice makes a judicial montage, double action ? lawyers advise the creditor to act indirectly of his his debtor by forced execution (direct payment). [...]
[...] Can one attack a judgment by way of Paulian action? Not because judgments benefit from the authority of the thing judged. On the other hand, it is different for judicial contracts. A judicial contract is an agreement of will by which the parties to a lawsuit decide to settle or renounce a contentious issue between them. No authority of the thing judged, therefore it can be attacked. An act prejudicial to the creditor The creditor is only receivable to act by way of Paulian action if he affirms having suffered a prejudice as a result of the conclusion by his debtor of the act of impoverishment in question . [...]
[...] act in forced execution against his debtor. [...]
