| 翻訳と辞書 |
| Lloyds Bank plc v Rosset ： ウィキペディア英語版 |
Lloyds Bank plc v Rosset
''Lloyds Bank plc v Rosset'' () (UKHL 14 ) is an English land law and English trusts law case dealing with the rights of cohabitees. The case establishes that contributing to the cost of running a house does not, in itself, create a beneficial interest. The opinions of Lord Bridge were doubted in ''Stack v Dowden'', where a later House of Lords said "the law has moved on".
==Facts==
Mr and Mrs Rosset had bought a semi-derelict house called Vincent Farmhouse on Manston Road, in Thanet, Kent, with Mr Rosset’s family trust money. The trustees had insisted on his sole ownership as a condition for taking the trust money. He had funded the cost of the renovations to the house. She had made no financial contributions to the acquisition or renovations, but had done decorating and helped by assisting in the building works. Mrs Rosset was in possession of the home on 7 November 1982, but contracts were not exchanged until 23 November. Mr Rosset took out a loan from Lloyd's Bank and secured it with a mortgage on the home. The charge was executed on 14 December, without Mrs Rosset’s knowledge, and completion took place on 17 December. The charge was registered on 7 February 1983. Then Mr Rosset defaulted on the loan. Lloyd's Bank sought possession of the home. Mrs Rosset argued that she had a right to stay because she had not consented to the mortgage, and she had an overriding interest in the property. Under the Land Registration Act 1925 section 70(1)(g) (now LRA 2002 Schedule 3, paragraph 2) the bank's interest therefore ranked behind hers. The bank contended she had no property rights in the home, because the work she had done was not enough to give her an equitable proprietary right.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
■ウィキペディアで「Lloyds Bank plc v Rosset」の詳細全文を読む
スポンサード リンク
| 翻訳と辞書 : 翻訳のためのインターネットリソース |
Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.
|
|