Paulian action (rescission for creditor fraud)
Action allowing a creditor to challenge a debtor's acts carried out in fraud of their rights when no other means of recovering the debt exists (Art. 1111 CC). Requirements: act of asset disposal, harm to creditor (eventus damni), debtor's fraud or bad faith and, if the third-party acquirer is onerous, their complicity. Limitation period: 4 years.
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Other Civil law terms
The portion of an estate that the law reserves for certain heirs (forced heirs): descendants, ascendants and spouse. It cannot be overridden by will except for legal grounds of disinheritance.
Mortgage clause setting a minimum interest rate, preventing the borrower from benefiting from Euribor drops. Declared abusive due to lack of material transparency (STS 9/5/2013).
Public document granted before a notary by which one person (grantor) authorizes another (agent) to act on their behalf for specific or general legal acts.
Obligation to repair damage caused to another by culpable or negligent action or omission, without a prior contractual relationship. Requires action, damage, causal nexus and fault or negligence.
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