Insolvency
The Legal History of Insolvency
This section provides an overview of Insolvency
Money Stolen, Bailed or Loaned, Insolvency, Gifts
From the book The Clergyman’s Hand-book of Law, about Money Stolen, Bailed or Loaned, Insolvency, Gifts (1): Property stolen by A. or left with him as bailee to be returned in specie, can not be given away by him for charity. Also, when a man is insolvent he has no right to give away any of his property.845 That has been the rule of law since Coke laid down the maxim: “A man must be just before he is generous.” One is insolvent when his debts exceed the value of his unexempt property.846 When an insolvent debtor makes a gift, a creditor may sue and recover from the donee; or in a proper case the creditor may force the debtor into bankruptcy to recover the gift.847 The want of knowledge or good faith of the donee is immaterial and no defense to an action to recover the property.848
Insolvency
Resources
Notes and References
- Charles M. Scanlan, The Clergyman’s Hand-book of Law. The Law of Church and Grave (1909), Benziger Brothers, New York, Cincinnati, Chicago
See Also
- Religion
- Church
Resources
See Also
- Legal Biography
- Legal Traditions
- Historical Laws
- History of Law
Further Reading
- Insolvency in the Oxford International Encyclopedia of Legal History (Oxford University Press)
- The Oxford Encyclopedia of American Political and Legal History (Oxford University Press)
- Insolvency in the Dictionary of Concepts in History, by Harry Ritter
- A Short History of Western Legal Theory, by John Kelly
Leave a Reply