Acción pauliana e integración europea: una propuesta de ley aplicable
ISSN: 0034-9380
Year of publication: 2012
Volume: 64
Issue: 1
Pages: 43-72
Type: Article
More publications in: Revista española de derecho internacional
Abstract
The actio pauliana is a rara avis within Private Law, the principle of which is to uphold sound private relationships. The principle, however, is called into question by acts of fraudulent transfer - the challenging of a valid and effective act in order to recover a creditor's losses involves two conflicting interests that makes identification of the law applicable to the actio pauliana a difficult question to remedy. This paper deals with this longstanding problem by examining new EU conflict of laws instruments, which provide the basis for determining the allocation of a debtor's insolvency among his creditors.