A impugnação pauliana e a insolvência

Abstract

The present paper, we address the usefulness of the Paulian action in the context of insolvency law. The distinctly personal effects of the Paulian action, established as a guarantee to preserve assets in favor of creditors, clash with the principles of universality and equality of creditors that govern the insolvency process. Accordingly, the majority of jurisprudence and doctrine imply that the effects of the Paulian action should only be applied in the insolvency process in cases where there is no resolution of the acts performed by the debtor for the benefit of the insolvent estate. Through an analysis of the regimes of the Paulian action and the resolution in favor of the insolvent estate, we will address the main conflicting aspects regarding the usefulness of the effects of the Paulian action in the face of the debtor's insolvency.

Date of Award	30 Jan 2024
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Isabel Menéres Campos (Supervisor)