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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.
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.
Section 56 of the Indigenous People's Rights Act of 1997 or the IPRA Law states that "property rights within the ancestral domains already existing and/or vested upon effectivity of this Act, shall be recognized and respected." This section is problematic as it means that any title before 1997 holds more weight than an ancestral claim.
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.
The quo warranto petition against Maria Lourdes Sereno, filed before the Supreme Court of the Philippines, led to the landmark case Republic v. Sereno [note 1] (G. R. No. 237428), [3] [4] [5] which nullified Maria Lourdes Sereno's appointment as Chief Justice of the Supreme Court of the Philippines, finding that she never lawfully held the office due to a lack of integrity for failing to file ...
Some legal experts have called for the abolition of nullum tempus. [6] They argue that sovereign immunity, which they assert is the legal underpinning of nullum tempus, can lead to unjust results, and that nullum tempus is difficult to justify because policies underlying sovereign immunity bears no logical relations to those that support statutes of limitation.
The history of the journal is intertwined with the modern history of the Philippine legal system. Founded in the earlier part of the American Occupation, only three years after the University of the Philippines College of Law’s establishment in 1911, the journal served as a platform for the country's first legal scholars and luminaries to discuss highly contentious issues which would later ...