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Case 6 - Tracing

Published online by Cambridge University Press:  22 August 2009

By
Georg Graf ,
Monika Hinteregger ,
Manuela Weissenbacher ,
Benoit Allemeersch ,
Alain Verbeke ,
Merete Clausen ,
Lionel Smith ,
Jarmo Tuomisto ,
François Barrière  and
Stefan Grundmann
...Show all authors
Edited by
Michele Graziadei ,
Ugo Mattei  and
Lionel Smith
Georg Graf
Affiliation:
Professor of Private Law, University of Salzburg, Austria
Monika Hinteregger
Affiliation:
Professor of Civil Law, University of Graz, Austria
Manuela Weissenbacher
Affiliation:
Assistant to the Chair of Civil Law, University of Graz, Austria
Benoit Allemeersch
Affiliation:
Doctoral researcher Catholic, University of Leuven, Belgium; Attorney-at-Law bar of Brussels, Belgium
Alain Verbeke
Affiliation:
Professor of Private and Comparative Law, Catholic University of Leuven, Belgium
Merete Clausen
Affiliation:
Attorney-at-Law, Denmark
Lionel Smith
Affiliation:
James McGill Professor of Law, McGill University Montreal, Canada
Jarmo Tuomisto
Affiliation:
Professor of Civil Law, University of Turku, Finland
François Barrière
Affiliation:
Junior Professor, University of Paris II, France
Stefan Grundmann
Affiliation:
Professor of Private Law European and International Private and Business Law, Humboldt University, Berlin, Germany
George K. Lekkas
Affiliation:
Attorney-at-Law, Athens, Greece
Niamh Moloney
Affiliation:
Professor of Capital Markets Law, University of Nottingham, England
Eoin O'Dell
Affiliation:
Fellow, Trinity College, Dublin, Ireland
Antonio Gambaro
Affiliation:
Professor of Comparative Private Law, State University of Milan, Italy
Michele Graziadei
Affiliation:
Professor of Comparative Private Law, University of Eastern Piedmont, Italy
Steve Jacoby
Affiliation:
Partner Kremer Associés & Clifford Chance; Lecturer, University of Luxembourg
Marielle Koppenol-Laforce
Affiliation:
Attorney-at-Law Houthoff Buruma, NV, Amsterdam the Netherlands
Pedro Pais de Vasconcelos
Affiliation:
Professor, University of Lisbon, Portugal
George L. Gretton
Affiliation:
Lord President Reid Professor of Law, University of Edinburgh, Scotland
Sergio Cámara Lapuente
Affiliation:
Professor of Civil Law, University of La Rioja, Spain
Cristina González Beilfuss
Affiliation:
Professor of Private International Law, University of Barcelona, Spain
Torgny Håstad
Affiliation:
Justice of the Swedish Supreme Court and formerly Professor of Private Law, Uppsala University, Sweden
Michele Graziadei
Affiliation:
Università degli Studi del Piemonte Orientale Amedeo Avogadro
Ugo Mattei
Affiliation:
Università degli Studi di Torino, Italy
Lionel Smith
Affiliation:
McGill University, Montréal
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Summary

Case

The facts are as in Case 5, except as detailed below. The following alternatives occur:

Alternative 1

Without authority, Roberto uses all of the money in Simon's account (€1,000) to buy a painting. When Simon learns of this, the market value of the painting has risen to €2,000. Roberto is still solvent. Simon wants to terminate the relationship and take the painting. Can he do this?

Alternative 2

The facts are the same as in Alternative 1. However, before Simon learns of the transaction the painting is destroyed. It is insured for its market value. By the time Simon learns of this, Roberto is personally insolvent. Simon wants to terminate the relationship and take the insurance claim. Can he do this?

Alternative 3

Without authority, Roberto buys a painting with all of the money in Simon's account (€1,000) and €1,000 of his own money. By the time Simon learns of this, the market value of the painting has fallen to €1,000 and Roberto is personally insolvent. Simon wants to terminate the relationship and take the painting. Can he do this?

Alternative 4

Roberto has an unsecured overdraft facility (revolving loan facility/line of credit) with his bank, in his personal capacity. He borrows €100,000 from this facility and uses it to buy a piece of land in his personal capacity. Later, without authority, he uses all of the money in Simon's account (€100,000) to pay the debt he owes to the bank.

Type
Chapter
Information
Commercial Trusts in European Private Law , pp. 369 - 405
Publisher: Cambridge University Press
Print publication year: 2005

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  • Tracing
  • Edited by Michele Graziadei, Università degli Studi del Piemonte Orientale Amedeo Avogadro, Ugo Mattei, Università degli Studi di Torino, Italy, Lionel Smith, McGill University, Montréal
  • Book: Commercial Trusts in European Private Law
  • Online publication: 22 August 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494956.012
Available formats
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Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Tracing
  • Edited by Michele Graziadei, Università degli Studi del Piemonte Orientale Amedeo Avogadro, Ugo Mattei, Università degli Studi di Torino, Italy, Lionel Smith, McGill University, Montréal
  • Book: Commercial Trusts in European Private Law
  • Online publication: 22 August 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494956.012
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Tracing
  • Edited by Michele Graziadei, Università degli Studi del Piemonte Orientale Amedeo Avogadro, Ugo Mattei, Università degli Studi di Torino, Italy, Lionel Smith, McGill University, Montréal
  • Book: Commercial Trusts in European Private Law
  • Online publication: 22 August 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494956.012
Available formats
×