Chapter

Transfer of title

M G Bridge

in Personal Property Law

Second edition

Published in print November 1996 | ISBN: 9781854315816
Published online March 2012 | e-ISBN: 9780191705144 | DOI: http://dx.doi.org/10.1093/acprof:oso/9781854315816.003.0005
Transfer of title

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This chapter considers a range of transactions with a tripartite or triangular dimension. The issue here is whether a transferor, seeking to pass a property interest to transferee, is able to transfer a property interest superior to the one vested in the transferor. When able to do this, the transferor succeeds in derogating from the property interest of the true owner because the transferee is able to oppose that owner's property claim. The discussion deals with the transfer of the legal title, usually by the way of sale and pledge, at the expense of the true owner's legal property in the chattel. It also considers the transfer of legal title at the expense of an equitable property interest.

Keywords: legal property; chattel; equitable property interests

Chapter.  10886 words. 

Subjects: Company and Commercial Law

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