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| Re Bond Worth Ltd ： ウィキペディア英語版 |
Re Bond Worth Ltd
''Re Bond Worth Ltd'' () Ch 228 is a UK insolvency law case, concerning retention of title clauses.
==Facts==
Bond Worth Ltd was a carpet manufacturing company. It bought man-made fibres from Monsanto Ltd and used them to make carpets. The conditions of sale included a "retention of title" clause. Bond Worth Ltd went into receivership when a large sum of money was owing to Monsanto Ltd under various contracts containing the "title" clause. Monsanto Ltd notified the receiver of their claim. The receivers contested whether the retention of title clause was valid.
On the joint receivers' summons for determination of the claim, held, that (1) the clause though referring to "equitable and beneficial ownership" did not create a bare trust for the benefit of the sellers, but a floating equitable charge in favour of the sellers ( ); (2) such a floating charge was created by the buyer company and therefore registerable; it was void if not registered.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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