Court of Appeal. The Court of Appeal shall be set up at the seat of the European Patent Judiciary.
Court of Appeal. Appeal No. B-02(NCvC)(W) 13-01/2015 Xxxxx Xxxxxxxx Xxxxx Xxxxxx, Xxxxxxxx Xxxxxxx and Xxxxxx Xxxxx JJCA 10 December 15, 2017 Contract – Breach – Sale and purchase agreement – Sale and purchase of medium cost apartments between plaintiff and second defendant ("principle agreements") – Land 15 upon which project carried out sold and transferred by second defendant to first defendant without knowledge of plaintiff – Project abandoned and converted from medium cost to high-end project – Whether principle agreements a sham or genuine agreements – Whether transaction between first and second defendants null and void for contravention 20 ofs8 of the Housing Development (Control and Licensing) Act 1966 – Whether specific performance of principle agreements in the circumstances, not an appropriate remedy – Whether monetary compensation as damages in lieu of specific performance, the more appropriate remedy – Housing Development (Control and Licensing) Act 1966,
Court of Appeal. Setting up and organisation of the Court of Appeal - Establishment of panels (Council WD: Article 6)
Court of Appeal. Xx Xxxxxxxxx appealed on the basis that the pre-nuptial agreement had not been given sufficient weight in the High Court's decision. There was much discussion by the Appeal Judges as to the development of the law relating to pre-nuptial agreements. Particular emphasis was placed on the fact that England is becoming increasingly isolated from other European jurisdictions as regards the enforceability of agreements freely entered into. Furthermore, it was becoming increasingly unrealistic to recognise the rule that pre-nuptial agreements are void and not to move with the times and recognise the rights of adults to enter into agreements governing their “future financial relationship … in an age when marriage is not generally regarded as a sacrament and divorce is a statistical commonplace”.
Court of Appeal. Old Age Pension for married couple even though the partner is in China, because they are not separated permanently This case concerned a man who is married to a Chinese woman who lives in China. They have tried to obtain domicile together in The Netherlands but the woman has not succeeded in getting a permit. The marriage has not been dissolved permanently, there is weekly contact and the husband has visited her in China. Therefore it is justified that the husband will be granted an Old Age Pension for married couples. You will find more information here.
Court of Appeal. Xxxx X.X.: Art. 2693 applies. The purchaser is only bound by the agreements that are registered. This is a narrow exception to the rule that contracts have effect only between the parties. Accordingly, the tenant is bound to pay the rental stipulated in the 1991 lease. However, it was open to the appellant to oppose its prepayments of rent against the new LL. Prepayments do not need to be registered to be opposable. However, as a matter of fact, the tenant never made any prepayments. Its correspondences with the previous owner indicate that it never clearly expressed its intent to exercise its right of renewal for the subsequent one-year periods. In fact, it asserted on many occasions that unless the owner agreed to its demands, it would not renew the lease. Unless it firmly agreed to renew the lease, there could be no obligation for the tenant to fulfill by prepayment. Consequently, none of the amounts it lent to the previous owner were prepayments. The order resiliating the lease and the damages in accordance with the penalty clause in the lease, however, is reversed. The moral of the story: Register-Register-Register! Nothing is opposable that is not registered! LL’s and registration: Many LL’s are opposed to registration, i.e. publication of certain details of a lease. For example, they would not want the amount of the rental publicized, because that would undermine their bargaining power with other prospective tenants. For this reason, under the old code, you had to get the LL’s permission to register a lease. However, art. 2936 C.C.Q. reverses this by stating that a LL can no longer in any way restrict the right of a tenant to register a lease. Art. 2936 C.C.Q.: Any renunciation or restriction of the right to publish a right which shall or may be published, as well as any penal clause relating thereto, is without effect. In a recent judgment, it was held that a lease that was registered without reference to the rental amount was not validly registered. This caused a great deal of consternation in the industry. As a result, the legislature enacted art. 2999.1 C.C.Q. which provides that a registration notice need only specify: The identity of the LL and tenant A description of the immovable The date of commencement and expiry of the lease Any rights of renewal. It also specified that the accuracy of this information is to be verified by a notary. See Handout: Very specific formal requirements A LL may nevertheless want to restrict what can go into the ...
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