Fallaize v Fallaize [1996] JLR 261 (22 July 1996)
- Citation
- [1996] JLR 261
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil / Judgment
More details
- Posture
- Civil / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Licitation for termination of co-ownership must be conducted by public auction to ensure protection of co-owner's interests.
Court disposition
Application for sale by private treaty refused; licitation to proceed by public auction.
Orders
- Termination of co-ownership to be effected by public auction
02
Material facts
Parties
Fallaize
ApplicantFallaize
Respondent03
Procedural history
Posture
Civil / Judgment
04
Questions and positions
Legal issues
Whether termination of co-ownership (ownership en indivis) requires licitation by public auction rather than sale by private treaty
Party arguments
- Applicant
- Applicant sought termination of co-ownership by sale, possibly by private treaty.
- Respondent
- Respondent opposed sale by private treaty, arguing for licitation by public auction to protect co-owner's interests.
05
Court’s reasoning
Legal principles
- 01
Jersey land law
Termination of co-ownership (ownership en indivis) must be effected by licitation only by public auction, not by sale by private treaty.
06
Ratio, limits and disposition
Ratio decidendi
Licitation for termination of co-ownership must be conducted by public auction to ensure protection of co-owner's interests.
Court disposition
Application for sale by private treaty refused; licitation to proceed by public auction.
- Termination of co-ownership to be effected by public auction
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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