Legal History at Glasgow

Dr Constantin Willems of the University of Trier will speak on "Coke, Collusion, and Conveyances: Unearthing the Roots of Twyne's Case" on 15 October at 15:30 in the Walker Room, Stair Building, University of Glasgow. All welcome.

Abstract. Twyne's Case, the leading case of English fraudulent conveyances law, decided in 1602 by the Court of Star Chamber, states six "marks et ensigns de fraud": if for instance a debtor conveys the entity of his assets or conveys them to a closely connected person, this transfer of property is presumed to be fraudulent with regard to his creditors. This - at first glance - English concept of facilitating the evidence of fraud by the means of six presumptions stems indeed from the continental law, itself rooting in the writings of the glossators of the 13th century, who developed this doctrine out of the Roman legal sources of the Corpus Iuris Civilis. If not the members of the Star Chamber themselves in their judgment, at least Sir Edward Coke, when reporting their decision, incorporated this continental doctrine of "praesumptiones fraudis" into the English law of fraudulent conveyances, where it still plays a prominent role.

First published: 1 October 2014