期刊名称：Collected Papers of the Law Faculty of the University of Rijeka
印刷版ISSN：1330-349X
电子版ISSN：1846-8314
出版年度：2012
卷号：33
期号：1
页码：313-335
出版社：Pravni fakultet Sveučilišta u Rijeci
摘要：Within the context of the institute of contestation of debtor’s legal transactions, prescription as well as preclusion may arise as issues within the creditor-debtor relationship and the relationship between debtor and third person to whom a debtor had transferred some assets. Having in mind that sometimes it is possible to have prescription of debtor’s claim in legal transactions between the debtor and the third party, the authors discuss whether it is possible for the third party to effectively object to the creditor’s claim contesting debtor’s legal transaction with a complaint of prescription of the debtor’s claim towards the third party. Besides with this legal question, the article deals with the issue whether the creditor is precluded from contesting the debtor’s legal transaction due to the fact that preclusion of the debtor’s right towards the third party has occurred. Prescription and preclusion can be acquired within the creditor-debtor relationship. In case if creditor’s claim is prescribed, and he has filled the civil action against debtor’s legal transaction after the acquiring of prescription, is it possible for the third party to successfully object the actio pauliana? If the creditor loses a subjective right against the debtor due to expiration of preclusive period of time, is it possible to effectively object actio pauliana filled after the preclusion with a complaint due to loss of rights no matter if debtor’s rights had been precluded against the third party? No less important are the issues of application of actio pauliana, i.e. may it be submitted only for primary or as well as for secondary claims, and may it be submitted to obtain the performance of secondary obligation after the primary obligation had prescribed or had been completed. In this article the authors offer answers to above raised issues taking into consideration not only the individual legal rules that govern the individual legal institutes in question, rather putting the rules within the context of principles of civil obligations law, especially the principle of conscience and honesty. After a deep analysis of principles and rules of material law, the authors scrutinise the rules of civil procedure and comparative material law and present their conclusions.
关键词：prescription; preclusion; contestation of debtor’s legal transactions; Paulian action.
