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Transaction Avoidance in Insolvencies$
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Rebecca Parry, James Ayliffe, Sharif Shivji, Hamish Anderson, and William Trower

Print publication date: 2018

Print ISBN-13: 9780198793403

Published to Oxford Scholarship Online: March 2021

DOI: 10.1093/oso/9780198793403.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 28 November 2021

Scotland

Scotland

Chapter:
(p.485) 20 Scotland
Source:
Transaction Avoidance in Insolvencies
Author(s):

Rebecca Parry

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198793403.003.0025

The avoidance system applicable in Scotland differs in a number of respects from that applicable in England and Wales. The most striking difference is that in Scotland transaction avoidance laws appear both in statute and at common law. In addition, the avoidance laws in Scotland are different in content from those in England and Wales, although the underlying aims of each are broadly similar.

Keywords:   civil partnership dissolution, extortionate credit transactions, gratuitous alienations, insolvent estates, statutory exceptions, transactions defrauding creditors

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