The Scope of the Pauline Action


  • Fala Nicolae Free International University of Moldova


action; Pauline action; fraud; creditor; debtor


The modernization of the Civil Code of the Republic of Moldova has brought with it several legislative innovations, among which is the Pauline action (revocation). The scope of Pauline's action covers, in principle, all civil legal acts, regardless of the category to which they belong. From a practical point of view, the determination of the Pauline action's application scope relies in the identification of exceptions to the general rule. The revocation action's application scope has limitations resulting from the methods and forms of defense of subjective civil rights and the competition between these methods. The object of the Pauline action can be only a valid and efficient legal act, which means that if there are grounds for nullity or inefficiency, applicable will be the methods of finding or declaring nullity, finding inefficiency, finding simulation. From the perspective of determining the Pauline action's application scope, it is relevant to address certain legal acts or facts that provoke doctrinal controversy - declaring the unenforceability of a payment made in the benefit of the creditor by the debtor; the possibility of challenging the court decision by prejudiced creditors through a Pauline action as a result of the debtor's fraudulent procedural behavior. The institution of Pauline action holds sufficient „elasticity” to ensure a veritable protection against various fraudulent legal acts to which the debtor may resort to.


*** Civil Code, no. 1107 din 06.06.2002. Official Journal no. 82-86/661 of 22.06.2002. Accessed on June 15, 2022.

*** Execution code no. 443 din 24.12.2004. Official Journal no. 214-220 from 05.11.2010. Accessed on June 15, 2022.

*** Law no. 121 of 04.05.2007 on the administration and denationalization of public property. Published in the Official Journal no. 90-93 from 29.06.2007. Accessed on June 15, 2022.

*** Insolvency law no. 149 of 29.06.2012. Published in the Official Journal no. 193-197 from 14.09.2012. Accessed on June 15, 2022.

*** Law on modernizing the Civil Code and amending some legislative acts no. 133 of 15.11.2018. Official Journal no. 467-479/784 of 14.12.2018. Accessed on June 15, 2022.

*** Informative note on the draft Law on amending and supplementing some legislative acts (modernization of the Civil Code). Accessed on June 15, 2022.

Deak (2002) Succession law treaty. Second edition updated and completed. Bucharest: The Legal Universe.

Dobrev (2018) Legal means of preserving the debtor's patrimony. Revocatory action, oblique action, direct action. Bucharest: Hamangiu.

Коциоль (2017) Основы и спорные вопросы оспаривания действий должника, совершенных во вред его кредиторам (начало). Вестник гражданского права № 3 2017, p. 205-294. Москва: ООО „Издательский дом В. Ема”.




How to Cite

Nicolae, F. (2022). The Scope of the Pauline Action. Journal of Danubian Studies and Research, 12(1). Retrieved from



Danubian Economy and Legislation