Legal Definitions - inter conjunctas personas

The Latin phrase inter conjunctas personas historically refers to transactions or dealings that occur between connected persons or between related parties.

In historical legal contexts, this term highlighted a principle where certain transactions, particularly property transfers, between individuals who had a close relationship (such as family members) were viewed with suspicion. The law recognized that such relationships could be exploited to create fraudulent conveyances—transfers of property intended to deceive or defraud creditors or other parties with a legal claim. If a transaction inter conjunctas personas was found to be designed to defraud, it could be declared void, meaning it would be treated as if it never happened.

Here are some examples illustrating this concept:

• Example 1: Avoiding Creditors

  Imagine a historical scenario where a landowner, facing significant debt and the threat of creditors seizing their estate, quickly "sells" a valuable piece of land to their adult child for a nominal sum (a very low price). The landowner's intention is to move the asset out of their name so that creditors cannot claim it. This transaction would be considered inter conjunctas personas because it occurred between a parent and child. A court, applying this historical principle, would likely scrutinize the sale. If it determined the transfer was not a genuine, arms-length transaction but rather a scheme to defraud creditors, the sale could be voided, allowing the creditors to pursue the land.

• Example 2: Shielding Assets in Bankruptcy

  Consider a merchant in the past who was on the verge of bankruptcy. To prevent their assets from being distributed among their creditors, the merchant "gifts" a significant portion of their inventory and valuable goods to their sibling just before declaring bankruptcy. This gift is a transaction inter conjunctas personas. The legal system would have historically examined such a transfer very closely. If it was determined that the gift was made with the intent to hide assets from creditors and undermine the bankruptcy process, the transfer would be deemed fraudulent and could be reversed, bringing the assets back into the bankruptcy estate for fair distribution.

• Example 3: Disguised Property Transfer to Avoid Legal Claims

  Suppose a wealthy individual was facing a substantial lawsuit that could result in a large financial judgment against them. To protect their assets, they quickly execute a deed transferring ownership of their most valuable mansion to their spouse, claiming it was a long-overdue gift. This transfer is an instance of inter conjunctas personas. A court reviewing the timing and circumstances of this transfer, especially given the impending lawsuit, would likely suspect it was an attempt to shield assets from a potential judgment. If the court found evidence of fraudulent intent, the transfer could be set aside, making the mansion available to satisfy any judgment against the individual.