Who is a pauper?

An individual can also be a holder of non-possessory assets, such as a pensioner who has a pension of less than the minimum subsistence level, or who owns assets that are derisory or of no value at a judicial auction. In these cases the owner cannot be subjected to forced execution.

Therefore, a nullity in the specific is the one who:

• does not own real estate other than the first house;
• receives only the minimum vital pension: does not receive any salary or rent;
• is not the holder of a disability pension or of the right to compensation for damages;
• does not hold a postal or bank account; is not entitled to payment of debts;
• is not in possession of bonds or bank securities;
• is not in possession of cars in addition to the means of transport for the exercise of business or profession.

It often happens that persons owning goods try to hide their possession by naming them after third parties in order to avoid having goods subject to attachment. This, however, does not make them totally exempt from possible attachment.

As soon as the actual state of nullity is ascertained, the creditor cannot enforce the right of credit, so the null debtor does not run any risk.

In these cases, how can the creditor act towards an effective nullity? In this case, the assignor of the credit guarantees only the existence of the same, and not the solvency of the debtor.