Iran v Berend

English law does not apply renvoi to movable property; title to the fragment is determined by French domestic law, under which the defendant acquired title by possession in good faith in 1974.

Parties: Claimant: The Islamic Republic of Iran; Defendant: Denyse Berend
Jurisdiction: England and Wales
Judgment Date: 01 February 2007
Procedural Posture: Civil / Final Judgment
Outcome: judgment for the defendant
Legal Topics: Conflict of Laws, Title to Movable Property, Renvoi, Cultural Property, Prescription, Good Faith Acquisition

Private International Law Property Law Conflict of Laws Title to Movable Property Renvoi Cultural Property Prescription Good Faith Acquisition

Case Brief

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2

Parties

The Islamic Republic of Iran

Claimant

Denyse Berend

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

1 Whether English law applies the doctrine of renvoi to movable property
2 Whether French law would apply Iranian law to determine title to the fragment
3 Whether the defendant acquired title by possession under French Civil Code Article 2279

Ratio Decidendi

English law does not apply renvoi to movable property; title to the fragment is determined by French domestic law, under which the defendant acquired title by possession in good faith in 1974.

Court Disposition

judgment for the defendant

Orders

Defendant declared owner of the fragment
Court to hear argument on consequential matters, including damages from injunction