Prethodno priopćenje
Contesting the debtor's legal actions according to the Law on obligatory relations
Hrvoje Momčinović
Sažetak
Creditor in the obligatory relation is entitled to require the fulfilment of the obligation from the debtor, and the debtor is required to fulfil his obligation exactly as it is stated. The debtor is liable with all his property to fulfil his obligation.
It is often the case, however, that the debtor's property diminishes in the period between the making of the contract and fulfilment of his obligations to such a degree that he becomes insolvent by the time when the creditor's claims arrive, which calls into question the possibility of creditor's payment. In such a case, the creditor can contest the debtor's legal actions resulting in his direct or indirect damage, according to the Article 66 to 71 of the Law on Obligatory Relations.
The creditor can carry into effect his right of contestation by submitting one of the four possible Paulian actions (dolose, culpatory, family, quasi-paulian) against the debtor and the third party with whom or to whose benefit the contested legal action was taken. Preclusive time limits are prescribed for taking these actions.
If charges are accepted by the court, legal action loses its effect to the plaintiff (creditor) only to the extent that is necessary to settle his claims. It can be explained by the relative unimportance of the contested legal action, since its legal effect is limited only by the court's decision, while remaining in force with respect to all the other persons.
The result of contestation of the debtor's legal actions strengthens the position of the creditor in obligatory relations.
Ključne riječi
contestation; debtor's legal action; , Paulian actions; contestation effect
Hrčak ID:
6443
URI
Datum izdavanja:
5.12.2006.
Posjeta: 14.328 *