The Pauline non-opposability enacted by

This decision provides important clarification on your property law. Here is what it changes for you.

The situation

The Pauline non-opposability enacted by article 1167 of the Civil Code authorises the pursuing creditor, by court decision and within the limit of his claim, to escape the effects of an alienation made in fraud of his rights, in order to restore his general right of pledge over the subject matter of that alienation, by authorising him to seize it in the hands of the third party. It follows that a court decision declaring the non-opposability of an act of contribution of the bare ownership of company shares to a third-party company cannot have any effect on the pledging or seizure of the usufruct of those securities, which has remained in the debtor's estate, the party who made the fraudulent contribution.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Strictly comply with statutory time limits for appeals
• Keep all supporting documents (title deeds, instruments, correspondence)
• Plan ahead: preventive advice always costs less than litigation

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