Fraud and Voidable Transfer

The effect of fraud upon transfers has provided a significant challenge to legal scholarship in Scotland. While it is generally accepted that fraud can render transfers voidable, there is much less consensus as to why this should be the case or as to what kind of conduct is classified as fraud for these purposes.
The central rules are clear, but the law is poorly understood and uncertain on points of detail. Much of the underlying law has a lengthy and sometimes obscure history. The topic requires consideration of the interaction between the law of property, obligations, and debt enforcement.
Fraud and Voidable Transfer provides a principled account of the effect of fraud on transfer. It explains the well-established rules in this area, shows how these rules fit within the broader framework of private law, and provides guidance for cases where a rule is not clearly established.
The book examines the historical process by which the rules in this area developed, and considers their place within the broader European legal tradition. In particular, it addresses the emergence of the idea of voidability in Scots law, and especially voidability arising from misrepresentation, insolvency, and the so-called “offside goals rule”. Finally, it considers the rules on the treatment of a right to set aside a voidable transfer in the case of the transferee’s insolvency.