FRAUDA PAULIANĂ ÎN LUMINA NOULUI COD CIVIL ROMÂN ȘI A NOULUI COD CIVIL FRANCEZ. EVOLUȚIA JURISPRUDENȚEI ÎN DREPTUL CIVIL FRANCEZ

Fraud is perhaps the cornerstone of the Paulian action. In this sense, there is no right to action without there being a fraud in the interests of one or some of the creditors. Therefore, it is very important to know the elements that characterize the Paulian fraud. This is because the damage caused to the creditor is a consequence of the fraudulent attitude of the debtor who concludes an act with a third person with the sole purpose of hiding from the pursuit of certain goods. So, the first element to be determined in order to formulate a Paulian action is the existence of fraud that has caused the creditor’s prejudice. Through this study, we have tried to highlight some of the most important judgments in the French judicial practice that have created principles for the application of the Paulian action. Although many of them have been pronounced many decades ago, their effects are still occurring at present, and the courts which have pronounced them have shown wisdom and clarity in setting out principles that ultimately shaped a unitary judicial practice in French law. Finally, the study also presents the regulation of the Paulian fraud in the sense of the new Romanian Civil Code, with references to the new French Civil Code.