Denney Case : Summary of Spanish Supreme Court
Judgment
1. Appeal allowed
- City of Toulouse is not owner of Denney Art Collection, merely trustee/donee
2. Spanish legal doctrine
has advanced - Renvoi now applicable only under limited
conditions
3.
Denney Children's claim on Anthony Denney's estate rejected on four
grounds
4. Badajoz Appeal Court ruling
on costs overturned - no
costs awarded to either party
(Full judgment : Spanish
: English : French
: Legal References : Background
Notes )
Denney v. Denney ( Royde-Smith )
TS Sala 1 : 21 May 1999
Application of a renvoi of return in a matter
of succession
1. Appeal allowed - City
of Toulouse only trustees or donees of Art Collection
-
After considering the evidence submitted on ownership
of the collection of Modern Art in Toulouse, the Supreme Court concluded
that the City either held the collection as trustees, because the predecessor
in title had handed it over in that condition, or as donees, on the basis
of accepting the donation made by the testamentary heir. The Court allowed
the grounds of the appeal against the ruling of the Provincial Court of
Appeal, because the conditions that would require the City of Toulouse
to be called to the case were not present. ( See full judgment Legal
Grounds 3
2. Renvoi can only be
applied under limited conditions
-
In considering the question of which material law should
apply to the succession of the deceased. a purely literal application of
Article 12.2 of the Civil Code would lead to the solution argued in the
claim. However current developments of International Private Law involve
a very precise treatment of renvoi in which it is not accepted or rejected
indiscriminately, but is applied flexibly and subject to conditions and
limitations. (See full judgment Legal
Grounds 4 )
3. Claim by Denney
Children rejected on four grounds
-
The claim was rejected and the ruling of First Instance
was revoked on four grounds. Firstly, that the application of renvoi in
this case would be contrary to the principle of unity
of succession; secondly, it would make unenforceable the guiding principle
of English Law of freedom to testate; thirdly,
that it would not lead to a harmony of solutions;
and fourthly, that it would not produce greater
justice for those involved. (See full judgment Legal
Grounds 4)
4. Earlier ruling by Provincial
Appeal Court on costs overturned
The order of the Provincial Appeal Court in Badajoz,
ordering the costs at first instance and of the appeal to be paid by the
Denney children, was overturned. Because of the legal complexity of the
litigious matter, the doctrinal attitudes involved, including the legal
precedents of the English Courts and the Supreme Court’s lack of case law
on the subject, no special orders for costs were made regarding costs for
the first instance, the appeal claim or the appeal before the Supreme Court.
(See judgment Legal Grounds 5.)
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