TY - JOUR
T1 - John MacLeod, Fraud and Voidable Transfer
T2 - Edinburgh: Edinburgh Legal Education Trust (edinburghlawseminars.co.uk), 2020. xxxii +255 pp. ISBN: 9781999611842. £30.
AU - West, Euan
PY - 2023/1
Y1 - 2023/1
N2 - The differences between a void transfer and a voidable transfer should be familiar to anyone who has studied Scots law. One does not have to be a property law specialist to know that a void transfer is a nullity from the outset and a voidable transfer is valid until set aside, a point illustrated vividly by such cases as Morrisson v Robertson 1908 SC 332 and MacLeod v Kerr 1965 SC 253. Familiar though the void/voidable distinction is, closer examination reveals a subject that is anything but straightforward, both as regards the effects of voidability and the reasons for which a given transaction may be deemed voidable. Such complexities are the focus of John MacLeod’s excellent book, Fraud and Voidable Transfer.
AB - The differences between a void transfer and a voidable transfer should be familiar to anyone who has studied Scots law. One does not have to be a property law specialist to know that a void transfer is a nullity from the outset and a voidable transfer is valid until set aside, a point illustrated vividly by such cases as Morrisson v Robertson 1908 SC 332 and MacLeod v Kerr 1965 SC 253. Familiar though the void/voidable distinction is, closer examination reveals a subject that is anything but straightforward, both as regards the effects of voidability and the reasons for which a given transaction may be deemed voidable. Such complexities are the focus of John MacLeod’s excellent book, Fraud and Voidable Transfer.
U2 - 10.3366/elr.2023.0819
DO - 10.3366/elr.2023.0819
M3 - Book/Film/Article review
SN - 1364-9809
VL - 27
SP - 118
EP - 120
JO - Edinburgh Law Review
JF - Edinburgh Law Review
IS - 1
ER -