{"schemaVersion":1,"recordType":"legal-article","id":"law:eri:code:civil:2015:article:1381","workId":"law:eri:code:civil:2015","expressionId":"law:eri:code:civil:2015:en","title":"Actio Pauliana","number":"1381","language":"en","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1381/","hierarchy":{"book":"BOOK V - OBLIGATIONS","title":"TITLE I - CONTRACTS IN GENERAL","chapter":"Chapter 3. - Validity","section":"Section 4. - Object of the Contract","paragraph":null},"paragraphs":[{"id":"p1","number":"1","text":"If a debtor enters into a juridical act, in circumstances in which he knew or ought to have known that his act would adversely affect the recourses of one or several of his creditors against his patrimony, the act may be declared inopposable; any creditor whose recourses have been adversely affected by the juridical act may invoke this ground for inopposability, irrespective of whether his claim has arisen before or after the act.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1381/#p1","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":386,"url":"https://eriatlas.com/sources/civil-code-2015/page/386/?article=1381&paragraph=p1#article-1381-p1"}]},{"id":"p2","number":"2","text":"Acts by gratuitous title excepted, a juridical act, either multilateral or unilateral and directed at one or more specifically determined persons, can only be declared inopposable because of prejudice to a creditor, if those persons with whom or in respect of whom the debtor performed the juridical act knew or ought to have known that prejudice to one or more creditors would result from it.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1381/#p2","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":386,"url":"https://eriatlas.com/sources/civil-code-2015/page/386/?article=1381&paragraph=p2#article-1381-p2"}]},{"id":"p3","number":"3","text":"Where a juridical act by gratuitous title is declared inopposable because of prejudice, the inopposability does not affect the rights of a beneficiary who neither knew nor ought to have known that prejudice to one or more creditors would be the result of the juridical act, but only to the extent that this beneficiary shows that, at the time of the declaration or the institution of the action in inopposability, he did not derive profit from the juridical act.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1381/#p3","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":386,"url":"https://eriatlas.com/sources/civil-code-2015/page/386/?article=1381&paragraph=p3#article-1381-p3"}]},{"id":"p4","number":"4","text":"The inopposability may only benefit the creditor attacking the juridical act, and extends no further than necessary to remove the prejudice which he has experienced.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1381/#p4","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":386,"url":"https://eriatlas.com/sources/civil-code-2015/page/386/?article=1381&paragraph=p4#article-1381-p4"}]},{"id":"p5","number":"5","text":"Rights which third parties in good faith have acquired, other than by gratuitous title, in property which was the object of the annulled juridical act shall be respected. With respect to a third party in good faith who has acquired property by gratuitous title, the annulment shall have no effect to the extent that he shows that at the time the property is claimed from him he does not derive profit from the juridical act.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1381/#p5","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":386,"url":"https://eriatlas.com/sources/civil-code-2015/page/386/?article=1381&paragraph=p5#article-1381-p5"}]}],"caution":"This is the 2015 English-language edition attributed in its front matter to the Ministry of Justice. Eri Atlas has not independently verified the translation, later changes, or whether the text is currently in force. Nine passages are incomplete in the available scan and are identified where they occur."}