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Torrens title is a land registration and land transfer system, in which a state creates and maintains a register of land holdings, which serves as the conclusive evidence (termed "indefeasibility") of title of the person recorded on the register as the proprietor (owner), and of all other interests recorded on the register.
Frazer v Walker [1967] 1 AC 569 [1] is a landmark New Zealand court case that went to the Privy Council on appeal. The case upheld the concept that an owner of interest in land which was originally obtained from the rightful owner through fraud, still obtains an indefeasible interest in that title if they were unaware of the fraud.
Alexander A. Krivenko v. The Register of Deeds, City of Manila (G.R. No. L-630) [2] was a landmark case decided by the Philippine Supreme Court, which further solidified the prohibition of the Philippine Constitution that aliens may not acquire private or public agricultural lands, including residential lands.
Civil Code of the Philippines. REX Book Store. 2016. Tolentino, Arturo (1990). Civil Code of the Philippines:Commentaries and Jurisprudence, Vol. I. Philippines: Central Lawbook Publishing Co., Inc. ISBN 971-16-0124-9. Sempio-Diy, Alicia (1988). Handbook on the Family Code of the Philippines. Quezon City: Central Lawbook Publishing Co., Inc.
Breskvar v Wall, [1] was an Australian court case, decided in the High Court on 13 December 1971. The case was an influential decision in property law, specifically the effect of obtaining title by registration under the Torrens title system, the application of the fraud exception to the principle of indefeasibility and whether Frazer v Walker [2] should be followed in Australia.
Thus, while the Civil Code seeks to govern all aspects of private law in the Philippines, a Republic Act such as Republic Act No. 9048 would concern itself with a more limited field, as in that case, the correction of entries in the civil registry. Still, the amendment of Philippine legal codes is accomplished through the passage of Republic Acts.
On the federal level, nullum tempus is a legacy of British law, dating back to the nation's time as a group of British colonies. [11] It has been recognized by the Supreme Court as a valid legal doctrine since at least 1878. [12] Many states within the United States have court opinions or laws that mention or delineate the use of nullum tempus ...
Tolentino was once the foremost expert in civil law and persons throughout the 1960s to 1980s. The civil law volumes mainly used in the UP College of Law and other law universities are still the Commentaries and Jurisprudence on the Civil Code of the Philippines volumes by Tolentino, a series of volumes published beginning circa 1960.