La acción pauliana en el Derecho Civil chileno y español: conexiones con el enriquecimiento injustificado y con la responsabilidad extracontractual

The pauliana actio is contained into the Chilean Civil Code, as well as into the Spanish one. Since Roman Law up to now, this action is focused on two different cases: In one hand, those cases where the damage has been caused by the debtor and third person performance of an agreement or intention to...

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Bibliographic Details
Main Author: Jerez Delgado, Carmen
Format: Article
Language:Spanish
Published: 2017
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=7175046
Source:Revista Jurídica Digital UANDES, ISSN 0719-7942, Vol. 1, Nº. 2, 2017, pags. 57-75
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Summary: The pauliana actio is contained into the Chilean Civil Code, as well as into the Spanish one. Since Roman Law up to now, this action is focused on two different cases: In one hand, those cases where the damage has been caused by the debtor and third person performance of an agreement or intention to defraud the creditor; On the other hand, those cases where a contract or a legal act has been celebrated and a credit has been damaged as its direct consequence, independently of the intention of the debtor. From a comparative point of view, there are connections between these two cases and Tort Law and Unjustified enrichment, respectively.