| 词条 | Trusts of Land and Appointment of Trustees Act 1996 |
| 释义 |
The Trusts of Land and Appointment of Trustees Act 1996 (c 47), usually called "TLATA" or "TOLATA", is an Act of Parliament of the United Kingdom, which altered the law in relation to trusts of land in England, Wales, Scotland and Northern Ireland. BackgroundTLATA came into force on 1 January 1997 and was a result of a recognised need for reform in the part of the Law of Property Act 1925 which dealt with trusts. Some problems included the fact that it was hard to establish a trust without it coming under the auspices of the Settled Land Act 1925, which brought with it a range of problems. In particular, the co-owners of property were regarded as having beneficial interests in money and not in the land. Problems arose where partners disagreed over when they wanted to sell a property – usually in the case of separation, and this led to situations where spouses and children might find themselves homeless. One of the key features of TLATA was to try to redress the problem above by the imposition of statutory considerations which had to be taken into account when dealing with the disposition of trusts and ordering a sale of the family home. ContentsParticularly notable requirements come from two parts of the legislation, firstly section 14 and more importantly 15, where the requirements for consideration in determining applications are dealt with. Secondly, the imposition of section 335a in the Insolvency Act 1986. Section 15Insolvency Act 1986, S. 335a
Case LawIn 2001, in the Case of Re Shaire, Neuberger J assessed the requirements of TLATA in the light of the case before him and stated that the statute had intended "to tip the balance somewhat more in favour of families and against banks and other charges", when assessing a claim. See also{{Clist coownership}}
NotesReferencesExternal links
5 : Wills and trusts in the United Kingdom|Property law of the United Kingdom|United Kingdom Acts of Parliament 1996|English trusts law|Housing legislation in the United Kingdom |
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