El factor de la scientia fraudis en la revocatoria del fraus creditorium: fundamentos romanistas de su previsión en el Código civil de Bello

Previous considerations on the revocatory mechanisms aimed at contrasting the fraus creditorum in the Roman legal sources, the present study has the purpose of reconstructing the historical iter of the scientia fraudis factor in the granting of the so-called Pauliana action, from the roman law to its incorporation in the Civil Code of Andrés Bello. This regulation was characterized by requiring the scientia fraudis of the third-party acquirer to rescind the acts of valuable consideration, while for those for gratuit-lucrative title, the debtor’s consilium fraudis was sufficient; this last circumstance has the objetive of avoiding an unjustified enrichment of the acquirer, to the detriment of the fraudator's creditors (eventus damni). In this way, the influence of the reasoning that arose in Roman law for the historical application of the scientia fraudis factor in modern legal dogmatics inherent to the revocation of fraus creditorum, will be understood.