Publication Type

Journal Article

Publication Date

1-2008

Abstract

One of the central tenets of the Torrens system is that the registered proprietor is conferred indefeasible title. Indefeasibility of title is subject to cm in personam exception. The content of the in personam exception to indefensibility has been a source of debute in many Torrens jurisdictions. The purpose of this article is to map out a theoretical structure to analyse the ambit of the in personam exception so as to provide a principled development of the law in this area. This article will also attempt to explain how this proposed theoretical structure of the in personam exception deals with constructive trust claims, knowing receipt, undue influence, unconscionable dealing, duress and certain restitutionary claims.

Keywords

Indefeasibility

Discipline

Property Law and Real Estate

Research Areas

Commercial Law

Publication

Melbourne University Law Review

Volume

32

Issue

2

First Page

672

Last Page

697

ISSN

0025-8938

Publisher

Melbourne University, Law Review Association

Creative Commons License

Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.

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