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Moveable Transactions (Scotland) Act 2023

Good faith

Section 116 – Good faith

480.This is a general provision relating to good faith provisions in the Act (see sections 10 – 13, 53 – 55, 93 and 108). The effect is that, where an issue arises as to whether or a person is in good faith for the purposes of a provision in the Act, then it is for the person asserting a lack of good faith to prove that the other person was not in good faith.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

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