Is the Torrens System German?

Journal of Legal History, Vol. 29, No. 2, p. 253, 2009

Monash University Faculty of Law Legal Studies Research Paper No. 2009/29

35 Pages Posted: 4 May 2010

See all articles by Greg Taylor

Greg Taylor

University of Adelaide - School of Law; University of Marburg; RMIT University - Graduate School of Business and Law

Date Written: 2009

Abstract

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.

Keywords: Torrens System, History of Torrens System

JEL Classification: K00, K1, K11, K4, K40, K49

Suggested Citation

Taylor, Greg, Is the Torrens System German? (2009). Journal of Legal History, Vol. 29, No. 2, p. 253, 2009; Monash University Faculty of Law Legal Studies Research Paper No. 2009/29. Available at SSRN: https://ssrn.com/abstract=1592066

Greg Taylor (Contact Author)

University of Adelaide - School of Law ( email )

Ligertwood Building
Adelaide 5005, South Australia SA 5005
Australia

University of Marburg ( email )

Universitätsstrasse 24
Marburg, D-35032
Germany

RMIT University - Graduate School of Business and Law ( email )

Melbourne
Australia

Register to save articles to
your library

Register

Paper statistics

Downloads
71
Abstract Views
374
rank
322,760
PlumX Metrics