Right to Revoke Fraudulent Acts (Article 424 of the Civil Code)

When exercising the right to revoke a fraudulent act, the following are required:
(1) The claim must have arisen based on a cause that existed prior to the fraudulent act (Article 424, Paragraph 3 of the Civil Code),
(2) the debtor must be insolvent,
(3) the debtor must have performed an act that harms the creditor, and that act must have had property rights as its object,
(4) the debtor must have known at the time of the fraudulent act that it would harm the revoking creditor,
(5) the beneficiary or the subsequent acquirer must have known that it would harm the revoking creditor.

A point of difference from the exercise of creditor subrogation is that the right to revoke a fraudulent act must be exercised by filing a lawsuit (Article 424 of the Civil Code).

In the case of a monetary claim, since the creditor can demand payment to themselves, they can effectively receive preferential payment (Article 424-9 of the Civil Code).

This is the same as Article 423-3 of the Civil Code regarding the right of creditor subrogation.

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