Puerto Rico Voidable Transaction Statutes

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Puerto Rico Fraudulent Transfer Laws

Contracts In Fraud Of Creditors

31 L.P.R. §§ 3028 and 3492

{ Check Currency - Current Only As Of January 1, 2020 }

§ 3028 Rights of creditors attaching property

Creditors, after having attached the property of which the debtor may be in possession, in order to collect all that is due them, may exercise all the rights and actions of the latter for the same purpose, excepting those inherent in his person; they may also impugn the acts which the debtor may have performed in fraud of their right.

§ 3492 Contracts subject to rescission

The following may be rescinded:
(1) The contracts which may be executed by guardians without the authorization of the competent part of the Court of First Instance, provided the persons they represent have suffered lesion of more than one-fourth (1/4) part of the value of the things which may have been the object thereof.
(2) Those executed in representation of absentees, provided the latter have suffered the lesion referred to in the preceding number.
(3) Those executed in fraud of creditors, when the latter cannot recover, in any other manner, what is due them.
(4) Contracts relating to things in litigation should they have been executed by the defendant without the knowledge and approval of the parties in litigation or of the competent judicial authority.
(5) Any other contracts specially determined by law.

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