https://doi.org/10.31261/FPK.2026.11.01
This article discusses the relationship between Article 527 of the Civil Code, concerning actio pauliana, and Article 300 § 1 of the Penal Code, which addresses the crime of preventing
the satisfaction of creditors. Both provisions constitute a form of creditor response to so-called fraudulent activities, i.e., activities intended to harm them. An assessment of both the civil law construction of “harming creditors” and the criminal law concept of “preventing or diminishing the satisfaction of a creditor” requires determining whether the debtor’s action destroys the chances of effectively satisfying the creditor’s claim. In this context, the issue of particular interest is situations in which the fraudulent activity involves the sale of mortgaged real estate. The priority in satisfaction enjoyed by mortgage creditors makes the creditor’s ability to satisfy their claim from that real estate problematic. Therefore, the question arises: did the debtor’s sale of such real estate change the creditor’s situation in any way, given that they would not have been able to effectively enforce their claim from the sold real estate anyway? In such a case, the defendant or accused could defend themselves by arguing that the sale of the property did not cause or deepen the debtor’s insolvency, as the creditor would have had no chance of satisfaction. This study will conduct a comparative analysis of civil and criminal court case law on this issue, which, unfortunately, is not always consistent, which may lead to different assessments of the same act in criminal and
civil proceedings.
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2026
Published: 2021-11-18
10.31261/FPK
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
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