What Would ‘Praetor Paulus’ Do in ‘Post-Lehman’ World? A Comparative Analysis of Lawmakers’ Responses to the Spreading Practice of Fraudulent Transfer Cover Image
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What Would ‘Praetor Paulus’ Do in ‘Post-Lehman’ World? A Comparative Analysis of Lawmakers’ Responses to the Spreading Practice of Fraudulent Transfer
What Would ‘Praetor Paulus’ Do in ‘Post-Lehman’ World? A Comparative Analysis of Lawmakers’ Responses to the Spreading Practice of Fraudulent Transfer

Author(s): József Benke
Subject(s): History of Law
Published by: STS Science Centre Ltd
Keywords: Liquidity Crises; Roman Republic; Actio Pauliana; Fraudulent Conveyances; Fraudulent Transfers; Post-Lehman Crisis; Mortgage Home Loans Accounted in Foreign Currency; Comparative Law; Civil (Roman) La

Summary/Abstract: This contribution investigates certain parallelisms between laws and socio-economic settings of laws in two entirely different ages and legal regimes. Debtors’ massive liquidity crisis in late Roman Republic and 21st century Hungarian ‘post-Lehman’ crisis of household debtors of mortgage home loans accounted in foreign currency are as similar to each other as the morals of the prolific ancient casuistics based upon the general-clause-like ruling upon actio Pauliana are useful to consider for new shrewd non-contractual fraudulent misconducts committed in contemporaneous Hungary, where such general regulation towards these kinds of tricks of fraus creditorum lacks. Therefore courts of higher instance felt themselves being obliged for finding a righteous answer to these problematic questions being emerged just in these days.

  • Issue Year: 6/2015
  • Issue No: 2
  • Page Range: 122-138
  • Page Count: 16
  • Language: English