Fraud must be proven by the creditor.

If the creditor doesn't take advertising precautions or prove the buyer's bad faith, he won't be successful in a fraud action.



The STJ has confirmed that registration of the attachment of the property sold or unequivocal proof of bad faith on the part of the third party purchaser are necessary for fraudulent sale to be established, making it clear that proof of at least one of these requirements is the onus of the enforcing creditor.



This decision ratifies previous understandings regarding the ineffectiveness of expropriatory acts that have not been filed with the public real estate registry.