{"schemaVersion":1,"recordType":"legal-article","id":"law:eri:code:civil:2015:article:1382","workId":"law:eri:code:civil:2015","expressionId":"law:eri:code:civil:2015:en","title":"Presumption That Both Parties Knew of the Prejudice to Creditors","number":"1382","language":"en","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1382/","hierarchy":{"book":"BOOK V - OBLIGATIONS","title":"TITLE I - CONTRACTS IN GENERAL","chapter":"Chapter 3. - Validity","section":"Section 4. - Object of the Contract","paragraph":null},"paragraphs":[{"id":"p1","number":"1","text":"If the juridical act which has adversely affected one or several creditors has been performed within the year preceding the time the ground for annulment was invoked, and if the debtor had not bound himself to that juridical act prior to such period, there is a presumption that, on both sides, one knew or ought to have known that prejudice to a creditor or creditors would be the result of the juridical act.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1382/#p1","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":387,"url":"https://eriatlas.com/sources/civil-code-2015/page/387/?article=1382¶graph=p1#article-1382-p1"}]},{"id":"p1a","number":"a","parentId":"p1","text":"in contracts whereby the value of the obligation on the debtor's side considerably exceeds that of the obligation on the other side;","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1382/#p1a","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":387,"url":"https://eriatlas.com/sources/civil-code-2015/page/387/?article=1382¶graph=p1a#article-1382-p1a"}]},{"id":"p1b","number":"b","parentId":"p1","text":"in juridical acts to pay or to secure an obligation which is not exigible;","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1382/#p1b","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":387,"url":"https://eriatlas.com/sources/civil-code-2015/page/387/?article=1382¶graph=p1b#article-1382-p1b"}]},{"id":"p1c","number":"c","parentId":"p1","text":"in juridical acts performed by a debtor, who is a natural person, with or with respect to:","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1382/#p1c","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":387,"url":"https://eriatlas.com/sources/civil-code-2015/page/387/?article=1382¶graph=p1c#article-1382-p1c"}]},{"id":"p1ci","number":"i","parentId":"p1c","text":"his spouse, his adopted child or foster child, or a relative by blood or marriage up to the third degree;","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1382/#p1ci","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":387,"url":"https://eriatlas.com/sources/civil-code-2015/page/387/?article=1382¶graph=p1ci#article-1382-p1ci"}]},{"id":"p1cii","number":"ii","parentId":"p1c","text":"a legal person in which he, his spouse, adopted child or foster child, or relative by blood or marriage up to the third degree is an officer or director, or a body corporate in which the aforementioned persons, either separately or jointly, hold as shareholders, directly or indirectly, at least one half of the issued stock;","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1382/#p1cii","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":387,"url":"https://eriatlas.com/sources/civil-code-2015/page/387/?article=1382¶graph=p1cii#article-1382-p1cii"}]},{"id":"p1d","number":"d","parentId":"p1","text":"in juridical acts performed by a debtor, who is a body corporate, with or with respect to a natural person","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1382/#p1d","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":387,"url":"https://eriatlas.com/sources/civil-code-2015/page/387/?article=1382¶graph=p1d#article-1382-p1d"}]},{"id":"p1di","number":"i","parentId":"p1d","text":"who is an officer or director of that body corporate, or with or with respect to his spouse, adopted child or foster child, or relative by blood or marriage up to the third degree;","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1382/#p1di","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":387,"url":"https://eriatlas.com/sources/civil-code-2015/page/387/?article=1382¶graph=p1di#article-1382-p1di"}]},{"id":"p1dii","number":"ii","parentId":"p1d","text":"who, whether or not together with his spouse, adopted child or foster child, or relative by blood or marriage up to the third degree, holds, as a shareholder, directly or indirectly, at least one half of the issued stock;","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1382/#p1dii","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":388,"url":"https://eriatlas.com/sources/civil-code-2015/page/388/?article=1382¶graph=p1dii#article-1382-p1dii"}]},{"id":"p1diii","number":"iii","parentId":"p1d","text":"whose spouse, adopted child or foster child, or relative by blood or marriage up to the third degree, hold as shareholders, separately or jointly, directly or indirectly, at least one half of the issued stock;","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1382/#p1diii","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":388,"url":"https://eriatlas.com/sources/civil-code-2015/page/388/?article=1382¶graph=p1diii#article-1382-p1diii"}]},{"id":"p1e","number":"e","parentId":"p1","text":"in juridical acts performed by a debtor, who is a body corporate, with or with respect to another body corporate, if","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1382/#p1e","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":388,"url":"https://eriatlas.com/sources/civil-code-2015/page/388/?article=1382¶graph=p1e#article-1382-p1e"}]},{"id":"p1ei","number":"i","parentId":"p1e","text":"one of these body corporates is an officer of the other;","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1382/#p1ei","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":388,"url":"https://eriatlas.com/sources/civil-code-2015/page/388/?article=1382¶graph=p1ei#article-1382-p1ei"}]},{"id":"p1eii","number":"ii","parentId":"p1e","text":"an officer of one of these body corporates, himself a natural person, his spouse, adopted child or foster child, or relative by blood or marriage up to the third degree is an officer of the other body corporate;","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1382/#p1eii","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":388,"url":"https://eriatlas.com/sources/civil-code-2015/page/388/?article=1382¶graph=p1eii#article-1382-p1eii"}]},{"id":"p1eiii","number":"iii","parentId":"p1e","text":"an officer, who is a natural person, or a director of one of these body corporates, or his spouse, adopted child or foster child, or relative by blood or marriage up to the third degree, separately or jointly, hold as shareholders, directly or indirectly, at least one half of the issued stock;","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1382/#p1eiii","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":388,"url":"https://eriatlas.com/sources/civil-code-2015/page/388/?article=1382¶graph=p1eiii#article-1382-p1eiii"}]},{"id":"p1eiv","number":"iv","parentId":"p1e","text":"the same body corporate or the same natural person, whether or not together with his spouse, adopted child or foster child, or relative by blood or marriage up to the third degree, holds, directly or indirectly, at least one half of the issued stock in both body corporates;","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1382/#p1eiv","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":388,"url":"https://eriatlas.com/sources/civil-code-2015/page/388/?article=1382¶graph=p1eiv#article-1382-p1eiv"}]},{"id":"p1f","number":"f","parentId":"p1","text":"in juridical acts performed by a debtor, who is a body corporate, with or with respect to a group company.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1382/#p1f","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":389,"url":"https://eriatlas.com/sources/civil-code-2015/page/389/?article=1382¶graph=p1f#article-1382-p1f"}]},{"id":"p2","number":"2","text":"A spouse includes any other partner in life.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1382/#p2","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":389,"url":"https://eriatlas.com/sources/civil-code-2015/page/389/?article=1382¶graph=p2#article-1382-p2"}]},{"id":"p3","number":"3","text":"A foster child is a person who has been durably looked after and educated as one’s own child.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1382/#p3","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":389,"url":"https://eriatlas.com/sources/civil-code-2015/page/389/?article=1382¶graph=p3#article-1382-p3"}]},{"id":"p4","number":"4","text":"An officer, director or shareholder includes a person who had that capacity less than a year prior to the juridical act.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1382/#p4","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":389,"url":"https://eriatlas.com/sources/civil-code-2015/page/389/?article=1382¶graph=p4#article-1382-p4"}]},{"id":"p5","number":"5","text":"A body corporate includes a body corporate-officer, if the officer of the body corporate-officer is itself a body corporate.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1382/#p5","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":389,"url":"https://eriatlas.com/sources/civil-code-2015/page/389/?article=1382¶graph=p5#article-1382-p5"}]}],"caution":"This is the 2015 English-language edition attributed in its front matter to the Ministry of Justice. Eri Atlas has not independently verified the translation, later changes, or whether the text is currently in force. Nine passages are incomplete in the available scan and are identified where they occur."}