The Delimitation of the paulian Action From Other Methods of Defending Subjective Civil Rights

The correct formulation of claims in civil actions is crucial to success in a court of competent jurisdiction. It is not only the correct legal subsumption of the case that is important, but also the choice of the appropriate method of defense of the subjective right allegedly violated. The paulian action is a method of defense of the infringed civil rights, namely the right to performance of the obligation. The paulian action is a specific method of defense in its own way. A correct understanding of this method and its limits requires its delimitation from other methods of protection of rights, such as nullity of the legal act, ineffectiveness, simulation and others.

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Publication Details

Journal
Studii Juridice Universitare
Published
2024-11-01
DOI
https://doi.org/10.54481/sju.2023.2.06
Primary Topic
Legal and Constitutional Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

The Delimitation of the paulian Action From Other Methods of Defending Subjective Civil Rights

Mihai Poalelungi, Nicolae Fala
Studii Juridice Universitare
Legal and Constitutional Studies
article

The Delimitation of the paulian Action From Other Methods of Defending Subjective Civil Rights

Mihai Poalelungi, Nicolae Fala
article en

Abstract

The correct formulation of claims in civil actions is crucial to success in a court of competent jurisdiction. It is not only the correct legal subsumption of the case that is important, but also the choice of the appropriate method of defense of the subjective right allegedly violated. The paulian action is a method of defense of the infringed civil rights, namely the right to performance of the obligation. The paulian action is a specific method of defense in its own way. A correct understanding of this method and its limits requires its delimitation from other methods of protection of rights, such as nullity of the legal act, ineffectiveness, simulation and others.

Studii Juridice Universitare(2)
Peace, Justice and strong institutions
Openalex Percentile: Top 76%
Legal and Constitutional Studies
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