This study aims to analyze the interferences between common law and insolvency proceedings regarding certain legal institutions, as they have been adapted in special legislation, in order toprevent the debtor’s acts from affecting the collective interests of creditors. The study also examines the notion of fraud, which presents different forms, having distinct meanings and effects depending on the legal institution being analyzed.

To shelter the creditors from the acts concluded by the debtor in their fraud, the law opens them the path of a special action, the Paulian action, by which the creditors can attack in justice the vilain acts concluded by the debtor with the defendant third party, requesting the competent court of law to declare them as inopposable in the relations with them allowing them to avoid the consequences of fraud.The creditor cannot prevent th...