Delimitarea acțiunii pauliene de alte metode de apărare a drepturilor subiective civile
The Delimitation of the paulian Action From Other Methods of Defending Subjective Civil Rights
Author(s): Nicolae FALĂ, Mihail PoalelungiSubject(s): Law, Constitution, Jurisprudence, Civil Law, Court case
Published by: Universitatea Liberă Internațională din Moldova
Keywords: paulian action; civil legal act; nullity; simulation; ineffectiveness of the legal act; tort;
Summary/Abstract: The correct formulation of claims in civil actions is crucial to success in a court of competent jurisdiction. It is not only the correct legal subsumption of the case that is important, but also the choice of the appropriate method of defense of the subjective right allegedly violated. The paulian action is a method of defense of the infringed civil rights, namely the right to performance of the obligation. The paulian action is a specific method of defense in its own way. A correct understanding of this method and its limits requires its delimitation from other methods of protection of rights, such as nullity of the legal act, ineffectiveness, simulation and others.
Journal: Studii Juridice Universitare
- Issue Year: 2023
- Issue No: 2
- Page Range: 101-114
- Page Count: 14
- Language: Romanian