New Guarantee Trust v Birbeck [1980] JLR 117 (23 May 1980)
Refusal to become tenant after degrèvement destroys the hypothèque judiciaire, but the underlying debts are not null and may be enforced by other remedies.
- Citation
- [1980] JLR 117
- Parties
- Creditor: New Guarantee Trust; Debtor: Birbeck
- Jurisdiction
- Jersey
- Judgment Date
- 23 May 1980
- Procedural Posture
- Bankruptcy / Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Degrèvement, Refusal to Become Tenant, Hypothèque Judiciaire, Enforcement of Debts
Case Brief
Summary, issues, holding and outcome
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Parties
New Guarantee Trust
Creditor
Birbeck
Debtor
Procedural Posture
Bankruptcy / Appeal
Legal Issues
- 1 Whether a creditor's refusal to become tenant after degrèvement destroys the hypothèque judiciaire and the effect on underlying debts
Ratio Decidendi
Refusal to become tenant after degrèvement destroys the hypothèque judiciaire, but the underlying debts are not null and may be enforced by other remedies.
Court Disposition
appeal dismissed
Full Case Text
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