A impugnação pauliana - garantia ou incerteza?

: os requisitos e a zona cinzenta entre a gratuitidade e onerosidade dos atos

Abstract

The Portuguese legal system, like others, provides for the means of preserving the equity guarantee granted to creditors, that strive for its strength. Concretely, the famous institute of the Pauliana Impugnation consists of an imperious mechanism that the creditor can use, being quite advantageous for him, for only respecting the creditor who uses it, placing him in a singular position in relation to the others. However, it is often faced with several difficulties and constraints in its application and verification of the required requirements, in particular, regarding proof of bad faith, in relation to the practice of onerous acts by the debtor. Thus, as proof of bad faith is only required regarding onerous acts, assuming the same in gratuitous acts, this requirement assumes extreme relevance, which is important to demystify and concretize, blurring the complex task of qualifying the acts in question. The qualification of some acts as onerous or gratuitous crosses a tenuous border, culminating in important practical consequences that often divide our doctrine and jurisprudence and, ultimately, may hinder the application of said means of conservation. There is an eminent need to update and modernize the institute, which gains increasing importance within today's society, given the constant diffusion of new contractual types, which should always have as a guiding thread the perfect symbiosis and harmonization of the various interests that the application of the figure puts into confrontation.

Date of Award	9 Feb 2022
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Maria de Fátima Ribeiro (Supervisor)