Ipso facto clause: Difference between revisions

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===UK: the [[anti-deprivation]] principle===
===UK: the [[anti-deprivation]] principle===
In the United Kingdom there is no statutory equivalent of the ipso facto rule, those clever fellows of the common law invented<ref> i mean, “uncovered an until-then-disregarded but nonetheless foundational [[Doctrine of precedent|principle of the common law]] that extends, unspoken, back to the dawn of civilisation”.</ref> the [[anti‑deprivation rule]]: that, in the honeyed words of Sir William Page Wood V.C., in {{citer|Whitmore|Mason|1861| 2J&H|204}} “no person possessed of property can reserve that property to himself until he shall become [[bankrupt]], and then provide that, [[in the event of]] his becoming bankrupt, it shall pass to another and not his creditors”. This required some wilfulness and not just inadvertence or lucky hap, but if you ''intend'' to defeat the standing bankruptcy laws you will not get away with it.
In the United Kingdom, there is no ''statutory'' equivalent of the [[ipso facto rule]], those clever judges of the [[common law]] invented<ref>I mean, “uncovered an until-then-disregarded but nonetheless foundational [[Doctrine of precedent|principle of the common law]] that extends, unspoken, back to the dawn of civilisation”.</ref> the [[anti‑deprivation rule]]: that, in the honeyed words of Sir William Page Wood V.C., in {{citer|Whitmore|Mason|1861|2J&H|204}} “no person possessed of property can reserve that property to himself until he shall become [[bankrupt]], and then provide that, [[in the event of]] his becoming bankrupt, it shall pass to another and not his creditors”. This required some wilfulness and not just inadvertence or lucky hap, but if you ''intend'' to defeat the standing bankruptcy laws you will not get away with it.
 
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*Section {{isdaprov|2(a)(iii}}) of the {{isdama}}.
 
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