PPE 8/2023
Wskazanie majątku dłużnika solidarnego jako przesłanka uwolnienia osoby trzeciej od skutków skargi pauliańskiej
dr Łukasz Kamiński
radca prawny (OIRP w Gdańsku)
Paweł Kamiński
student piątego roku prawa na WPiA Uniwersytetu Gdańskiego
ABSTRACT
Indicating the Assets of Co-Debtor as a Premise for Releasing a Third Party from the Effects of an Actio Pauliana
The article concerns issue of Paulian action, precesily indication of the property of debtor. As a rule when debtor possesses a separate property – there cannot be insolvency. It is more complicated when on the debtor’s party are few subjects. If one of the debtors is insolvent and the rest of debtors possess property, there is a question about effectiveness of Paulian action. Literature and jurisprudence on this issue was not being commonly discussed. It seems that the current representatives of the doctrine and the judiciary are inclining towards that indication of seperate property of one of the debtors cannot be acknowledge as the basis to dismiss of Paulian action. Accordingly, it is necessary to reconsider another, possible way of evaluation this issue.
Keywords: joint and several liability, execution, release from liability, performance