Publication Type
Journal Article
Version
publishedVersion
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
Publication
Melbourne University Law Review
Volume
32
Issue
2
First Page
672
Last Page
697
ISSN
0025-8938
Publisher
Melbourne University, Law Review Association
Citation
TANG, Hang Wu.
Beyond the Torrens Mirror: A Framework of the In Personam Exception to Indefeasibility. (2008). Melbourne University Law Review. 32, (2), 672-697.
Available at: https://ink.library.smu.edu.sg/sol_research/1628
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.