Deacon v Bower [1978] JLR 39 (17 February 1978)

A contract passed during remise de biens is valid if arrangement des affaires is achieved and decret is unnecessary; if non-arrangement, the contract is voidable but only at the suit of creditors.

Citation: [1978] JLR 39
Parties: Applicant: Deacon; Respondent: Bower
Jurisdiction: Jersey
Judgment Date: 17 February 1978
Procedural Posture: Bankruptcy / Judgment
Outcome: contract valid if arrangement achieved; voidable at suit of creditors if non-arrangement
Legal Topics: Remise De Biens, Validity of Contract During Remise, Arrangement Des Affaires, Decret

Bankruptcy Remise De Biens Validity of Contract During Remise Arrangement Des Affaires Decret

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Parties

Deacon

Applicant

Bower

Respondent

Procedural Posture

Bankruptcy / Judgment

Legal Issues

1 Whether a contract passed during remise de biens is valid if arrangement des affaires is achieved and decret unnecessary
2 Whether such contract is voidable if non-arrangement occurs

Ratio Decidendi

A contract passed during remise de biens is valid if arrangement des affaires is achieved and decret is unnecessary; if non-arrangement, the contract is voidable but only at the suit of creditors.

Court Disposition

contract valid if arrangement achieved; voidable at suit of creditors if non-arrangement