Is the Torrens System German?
Monash University - Faculty of Law; Philipps University Marburg
Journal of Legal History, Vol. 29, No. 2, p. 253, 2009
Monash University Faculty of Law Legal Studies Research Paper No. 2009/29
Recently support has grown for the view that the Torrens system of lands titles registration, which has now spread to numerous jurisdictions throughout the world, was actually not Torrens’s work at all, but a copy of a German system passed off by him as his own production. This article reviews the evidence, much of which is here discussed for the first time, and concludes that that view is incorrect. Torrens is entitled to the credit for conceiving the principles of the system; for drafting the bill to give effect to them (with the help of a circle of critical reviewers); and for convincing the public and politicians to support it.
Number of Pages in PDF File: 35
Keywords: Torrens System, History of Torrens System
JEL Classification: K00, K1, K11, K4, K40, K49Accepted Paper Series
Date posted: May 4, 2010
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