Application of Actio Pauliana in law various countries: the aspects of the debtor and the third party acting in bad faith

The institution of Actio Pauliana has been established both in the states of continental and common law. The legal regulation of the institution differs: in Lithuania it has been established in the Civil Code and court practice, in France - the Civil Code, in the United States of America - the Bankruptcy Code; however the concept of the institute of actio Pauliana in all of the countries mentioned is almost the same. In Lithuania the application of the institute of actio Pauliana is regulated in a much greater detail than in France. In France it is enough for a contract to be concluded by deception (in bad faith) and violate the rights of the creditor. In Lithuania proving the debtor's dishonesty is not enough - it is necessary to prove the dishonesty of the third party as well. The conditions of the application of the institute of actio Pauliana in Lithuania and the United States of America are very similar, although one of these countries is regarded as a country of continental law and the other - as a country of the common law.