Alaska Statutes
Alaska Stat. § 34.40.090 (2026)
Fraudulent intent question of fact
✓ current as of July 2026
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Sec. 34.40.090. Fraudulent intent question of fact.
The question of fraudulent intent in a case arising under the provisions of this chapter is a question of fact, and not of law.
The question of fraudulent intent in a case arising under the provisions of this chapter is a question of fact, and not of law.
Notes of Decisions
Cited in 4
cases, 1971–1988 · leading case: Gabaig v. Gabaig, 717 P.2d 835 (Alaska 1986).
Gabaig v. Gabaig, 717 P.2d 835 (Alaska 1986). “2d 517, 521-22 (Alaska 1975); AS 34.40.090. This court has stated that fraud is established by a preponderance of the evidence; clear and convincing proof is not required.”
First Nat'l Bank of Fairbanks v. Enzler, 537 P.2d 517 (Alaska 1975). “We decline appellant’s request to overturn this long standing rule and adopt in its place § 4 of the Uniform Fraudulent Conveyance Act which provides: Every conveyance made and every obligation incurred by a person who is or will be thereby rendered insolvent is fraudulent *522…”
Blumenstein v. Phillips Ins. Ctr., Inc., 490 P.2d 1213 (Alaska 1971). “We turn next to the question whether the quitclaim deed delivered to Blumenstein by Martin Dredging should properly have been invalidated under Alaska’s law governing fraudulent conveyances.”
Dairy Queen of Fairbanks, Inc. v. Travelers Indem. Co. of Am., 748 P.2d 1169 (Alaska 1988). “2d 517, 521-22 (Alaska 1975); AS 34.40.090. This court has stated that fraud is established by a preponderance of the evidence; clear and convincing proof is not required.”
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