The claim of invalidity of actions and its impact on protecting the creditor (comparative study)

Naji, Amal Ahmed

doi:10.63677/jqlap.2024.186011

	The claim of invalidity of actions and its impact on protecting the creditor (comparative study)
AL-Qadisiya Journal For Law and Political Sciences
Volume 15, Issue: 2 part 2, December 2024, Pages 875-892 PDF (904.25 K)
Document Type: Research Paper
DOI: 10.63677/jqlap.2024.186011
Author
Amal Ahmed Naji^*
College of Law and Political Science / University of Iraq
Abstract
The action of non-enforceability of dispositions, also known as the Paulian action, is an important legal tool to enhance and protect creditors' rights, ensuring that assets are not manipulated in a way that harms third-party interests. This preserves the stability of financial transactions and builds trust in the legal system. This action falls within what is known as "guarantee claims." The action of non-enforceability of dispositions is a lawsuit filed by a creditor to invalidate the actions of their debtor that may harm them by weakening their general security and, consequently, their legal position. This can occur when the debtor sells or donates their assets with the intent to evade financial obligations or reduces their assets in a way that could prevent the creditor from recovering their dues. This action thus plays a crucial role in protecting creditors by preventing the debtor from irresponsibly handling their assets in ways that harm creditor interests and allows the creditor to proceed with enforcement actions on those assets as if they were still part of the debtor’s property.
Keywords
lawsuit; invalidity of actions; creditor protection

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