Results 131 to 140 of about 160 (157)

Losing Sight of Certainty: An Analysis of New Zealand's Voidable Transaction Regime in Light of Fisk v. McIntosh

SSRN Electronic Journal, 2016
The Fisk v. McIntosh decision concerns a payment received by an arms-length investor upon exiting a Ponzi scheme. The scheme’s liquidators have claimed the entirety of the payment of $954,047 as a voidable transaction under the Companies Act 1993. The High Court and the Court of Appeal held that the original deposit of $500,000 can be retained by the ...
Nina Opacic, Trish Keeper
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The Uniform Voidable Transactions Act; or, the 2014 Amendments to the Uniform Fraudulent Transfer Act

SSRN Electronic Journal, 2014
In 2014, the National Conference of Commissioners on Uniform State Laws approved a set of amendments to the Uniform Fraudulent Transfer Act. Among other changes, the amendments renamed the act the Uniform Voidable Transactions Act. In this paper, the reporter for the committee that drafted the amendments describes the amendment project and discusses ...
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Voidable Transactions in Bankruptcy: The Canadian Perspective

1994
Abstract A trustee in bankruptcy can attack a settlement or a fraudulent preference under the Bankruptcy and Insolvency Act, 1992 (the BIA) just as it has been able to since the enactment of modern bankruptcy legislation in Canada in 1919.
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Voidable Transactions in Bankruptcy: British Law Perspectives

1994
Abstract The current law for England and Wales’ is contained in provisions within Parts VI, IX, and XVI of the Insolvency Act 1986 (hereafter ‘Act’ or ‘IA’). The IA maintains the historic distinctions within English insolvency law, whereby individual and corporate insolvency are subject to separate procedures.
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CONFIRMATION OF A VOIDABLE TRANSACTION AS A WAY TO HEALING IT

Juridical Analytical Journal
the work presents a comprehensive analysis of the requirements of art. 166 (paragraph 4 part 2) of the Civil Code of the Russian Federation, forming the normative core of the institution of voidable transactions confirmation (known to many foreign legal systems and required in acts of international private law unification); the rehabilitation mechanism
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Void and Voidable Transactions: Nature, Issues of Law Enforcement, and Improvement of Legal Regulation

Civil law
Russian businesses and individuals reasonably rely on the stability of economic and civil law relations, trust in transactions and contracts in order to plan their legal actions and manage business risks. Particular cases of invalid transactions create legal uncertainty, lead to violation of rights, increase the cost of legal protection and reduce the ...
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Procedural Opportunities for Concluding a Restitutional Agreement by the Parties of a Voidable Transaction Regarding “Other Consequences” of Its Being Void

Zakon
The author considers the rules of paragraph 3, Art. 431.1 of the Civil Code of the Russian Federation in the context of its doctrinal interpretation and judicial enforcement. At present, neither in science nor in practice there is a uniform view as to what procedural mechanism should be used for exercising the rights of the parties to a voidable ...
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Tax consequences of setting aside a voidable transaction on the ground of mistake

Trusts & Trustees, 2021
exaly  

Colorado Voidable Transactions Act Proposal for the 2025 Colorado General Assembly

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3. Void, Voidable, and Non-Marriages

2022
exaly