Entitlement to participate as defendant in the ex actione pauliana proceedings : (remarks on the margin of the resolution of the Supreme Court from 24 February 2011, case docket III CZP 132/10)

The author discusses the problem of procedural consequences of the transfer of benefit acquired by defendant in result of the debtor's fraudulent legal act when such a transfer takes place during the ex actione Pauliana proceedings initiated by the creditor. The paper tries to answer the question of applicability of Article 192 § 3 of Code of Civil Procedure in order to determine the persons entitled to participate as defendant in such cases. For this purpose, the author analyzes the subject of the ex actione Pauliana proceedings and the scope of application of Article 192 § 3 of Code of Civil Procedure, as well as the relation between Article 531 § 1 and Article 531 § 2 of Civil Code.