Webb v Webb
1994 · Case C-294/92, [1994] QB 696
Posted By lanbuk.com
- Facts
- A father paid for a flat in Antibes, France, which was put in his son's name. The father claimed the son held it on for him, and sued in England.
- Issue
- Was the claim one of rights in rem in immovable property, which only the French courts could hear?
- Held
- No. The European Court of Justice held that the father's claim was a personal claim against the son as trustee, so the English court had .
- Principle
- A claim that the legal owner holds property on is a claim in personam.
- Why it matters
- It shows the maxim that equity acts in personam working across borders.
Words and Latin in this note
- Resulting trust
- A trust under which the beneficial interest goes back to the person who provided the property, because he is presumed not to have meant a gift, or because an express trust did not use up the whole interest. Open the note.
- Trust
- An arrangement in which a trustee holds property at law but must use it for beneficiaries, or for a charitable purpose. The beneficiaries have the equitable interest. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.