Actio Pauliana Utilis

Literal translation

Action of Paul useful

Legal meaning

This phrase refers to a legal principle where, in exceptional cases, an action can be brought forth by someone other than the direct party, with the permission and for the benefit of the actual claimant. It is rooted in the historical Roman law practice known as 'actio pauliana' but adapted within modern South African legal context.

Examples

• The court allowed an actio Pauliana utilis where a lessor brought a case for the benefit of a tenant who was unable to pursue their rights directly.

Areas of law