FRAUS CREDITORUM U RIMSKOM PRAVU

Abstract

Fraus creditorum was a delict of Pretorian law. This delict existed when the borrower consciously reduced his assets to prevent creditors from collecting their claims. Uncontrolled creditors had at their disposal three procedural means to defraud the debtor's disposal. Initially, the interdictum frauditorum and restitutio in integrum ob fraudem, and later actio Pauliana, who consolidated the actions of the previous two procedural means and enabled the comprehensive protection of creditors. Protection of creditors from fraudulent proceedings of indebted debtors came to light only after the introduction of real execution. Until then, the applicable principle of personal execution was a sufficient guarantee to the creditors that the debtor would fulfill their obligations. The debtors, in order to avoid expulsion through Tibar or murder, were trying to fulfill their contractual obligations.