Legal Definitions - meditatio fugae

Meditatio fugae is a legal term originating from Scots law that refers to the intention of a debtor to flee or abscond to avoid their financial obligations. Essentially, it describes a situation where a person who owes money is believed to be planning to leave the jurisdiction to escape paying their debts.

If a creditor can demonstrate to a magistrate that there are reasonable grounds to believe their debtor has such an intention, the court may take steps to prevent the debtor from leaving, ensuring they remain available to address their legal responsibilities.

• Example 1: The Entrepreneur's Sudden Departure

  A small business owner in Glasgow has accumulated substantial debts to suppliers and a bank. Creditors notice that the owner has suddenly put their house up for sale at a reduced price, closed their business bank accounts, and purchased a one-way flight ticket to a country with no extradition treaty, without informing any creditors.

  This scenario strongly suggests meditatio fugae. The owner's rapid sale of assets, closure of accounts, and purchase of a one-way ticket indicate a clear intention to abscond from Scotland to avoid their financial responsibilities to the suppliers and the bank.

• Example 2: The Tenant's Midnight Move

  A tenant in Edinburgh owes several months of rent and has caused significant damage to the property. The landlord learns from neighbors that the tenant has been secretly packing their belongings late at night, has disconnected utilities, and has been overheard discussing plans to move abroad without leaving a forwarding address or settling their outstanding rent and damages.

  The tenant's clandestine packing, disconnection of services, and discussions about leaving the country without addressing their financial and contractual obligations to the landlord demonstrate meditatio fugae. They are contemplating flight to avoid their debt for rent and property damage.

• Example 3: The Contractor's Vanishing Act

  A building contractor in Aberdeen has taken large deposits for several renovation projects but has failed to complete the work, leaving clients out of pocket. Before any legal action can be fully pursued, clients discover that the contractor has sold off all their company vehicles and equipment, closed their business premises, and is rumored to be planning to relocate to a remote island, making it impossible for clients to recover their funds.

  The contractor's actions of liquidating assets, shutting down the business, and planning a move to an inaccessible location, all while owing money for uncompleted work, illustrate meditatio fugae. Their intention is to abscond and evade their financial liabilities to their clients.