EBL art.277-284: To the relatives of the debtor in case of insolvency/3. lawsuit for the cancellation of savings made by individuals (Actio Pauliana).
Cancellable Savings
- Donation (Art. 278): Within 1 year before insolvency - cancellation
- Sale at extremely low price (Art. 279): Within 1 year before insolvency - cancellation
- Sale to a relative (Art. 280): Within 2 years before insolvency - presumption of annulment
- Fraudulent savings (Art. 281): Within 5 years before insolvency - annulment
Plaintiff
- Creditor who received certificate of insolvency
- Bankruptcy estate
Defendant
- Saver debtor
- Third person receiving the savings
Proof
- Insolvency of the debtor
- 3. bad faith of the person (known by him)
- The damaging nature of the savings
Result
- The savings is canceled - the property is distributed to the creditors
- 3. person's right to restitution (from the debtor)
- Pecuniary compensation possible
Supreme Court 17. HD
17. HD accepts that there is a "presumption of bad faith" in dispositions made to a relative and that the defendant must prove his good faith.
Executive lawyer is recommended.