Ferchal v Ferchal [1990] JLR 117 (18 June 1990)

Ferchal v Ferchal [1990] JLR 117 (18 June 1990)

The court held that the oral agreement to transfer the usufruct was contractually binding because the importance of the property to the family and the recipients' subsequent investment in the property demonstrated an intention to create legal relations, rebutting the presumption against enforceability of family arrangements. Informal release of the usufruct was also permitted under Norman customary law.

Citation
[1990] JLR 117
Parties
Applicant: Ferchal; Respondent: Ferchal
Jurisdiction
Jersey
Judgment Date
18 June 1990
Procedural Posture
Civil / Judgment
Outcome
agreement held contractually binding
Legal Topics
Intention to Create Legal Relations, Family Agreements, Usufruct, Norman Customary Law
Contract Law Family Law Intention to Create Legal Relations Family Agreements Usufruct Norman Customary Law

Case Brief

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Parties

Ferchal

Applicant

Ferchal

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether an oral agreement within a family to transfer a usufruct creates legally binding relations
  2. 2 Whether the presumption against legal enforceability of family arrangements can be rebutted
  3. 3 Whether informal release of usufruct is permitted under Norman customary law

Ratio Decidendi

The court held that the oral agreement to transfer the usufruct was contractually binding because the importance of the property to the family and the recipients' subsequent investment in the property demonstrated an intention to create legal relations, rebutting the presumption against enforceability of family arrangements. Informal release of the usufruct was also permitted under Norman customary law.

Court Disposition

agreement held contractually binding