As semelhanças e diferenças entre a fraude à execução e a fraude contra credores

Abstract

This study aims to compare the legal concepts of fraudulent conveyance in execution proceedings and fraud on creditors. To this end, an analysis will be conducted of the fundamental provisions of the Civil Procedure Code, highlighting the need for the application of the principles of good faith and cooperation throughout the entire legal process. Furthermore, the importance of legal certainty for procedural relationships and legal transactions will be discussed, with the goal of preventing any future controversies. Additionally, the main similarities and differences between fraudulent conveyance in execution proceedings and fraud on creditors will be addressed, along with an explanation of the procedural steps for each legal concept. Finally, comparative law will also be examined in this study, particularly concerning the application and effects resulting from the declaration of fraudulent conveyance in execution proceedings and fraud on creditors