Exceptions to Indefeasibility - Free Essay Example

Sample details Pages: 6 Words: 1854 Downloads: 6 Date added: 2017/06/26 Category Law Essay Type Narrative essay Did you like this example? Exceptions to indefeasibility Indefeasibility of title which means that the ownerà ¢Ã¢â€š ¬Ã¢â€ž ¢s title or interest in the land become not able to be defeated or doubted by any unfavorable claim which are not stated in the register. The case of Teh Bee v K .Maruthamuthu held that if there is no any of the vitiating factors stipulated in section 340[1] of the National Land Code (NLC) 1965, once the title is registered, it is indefeasible. For example, when Hanif bought a piece of land and then went to Land Office for the purpose of registered the title under his name as to be a legal owner of the land. Don’t waste time! Our writers will create an original "Exceptions to Indefeasibility" essay for you Create order Once the registration process is made, then Hanifà ¢Ã¢â€š ¬Ã¢â€ž ¢s title of land becomes unchallengeable and indefeasible. However, Indefeasibility is not absolute. There are certain circumstances where the registered title or interest may be invalid or defeated which are stated in section 340(2)[2] under NLC and also by case law. The title of land is can be defeated where there is fraud, misrepresentation, forgery, if the title or interest was unlawfully obtained. Fraud Section 340(2)(a) stated that where the person who obtained the title of the land from another person by way of fraud or deceived, the title of such person can be defeated. The definition of the word à ¢Ã¢â€š ¬Ã‹Å"fraudà ¢Ã¢â€š ¬Ã¢â€ž ¢ was applied in the Malaysian cases of Tai Lee Finance Co Sdn Bhd v Official assignee Ors [1983]. The court held that: Where the title of land is registered, then the title is indefeasible but under section 340(2) NLC which is obtained the title by way of fraud, so the title can be defeasible. The law is settled that while section 340 makes it very clear that the title or interest of a register owner shall be indefeasible. In the case of actual fraud under section 340(2), such title or interest shall not be indefeasible. The question of existence of fraud is one of fact to be determined in the facts surrounding each particular case. When the person who is claim that they are fraud, then the duty of the person is to find evidences to proof that the fraud is truths. For example, Pai Lang is forges Ho Langà ¢Ã¢â€š ¬Ã¢â€ž ¢s signature to transfer the land to him. After Ho Lang discover that his land are being transferred to Pai Lang by the way of forgery, then the Ho Lang must find evidence to proof that Pai Lang is through the way of forgery to transfer his land without knowledge. In addition, the case of Public finance Bhd v Narayanasamy [1971] is also one of the cases that is does not enjoy the indefeasibility provided under section 340 NLC 1965. The court held that the appellantà ¢Ã¢â€š ¬Ã¢â€ž ¢s insists that the third parties do not have any rights, apart from the right to damages against the respondent for break oneà ¢Ã¢â€š ¬Ã¢â€ž ¢s promise; this is so clearly unreasonable that the learned judge is reasonable in holding that they are guilty of fraud and conspiracy. If they admit that the sub-purchasers have the right to the lands they had paid for, it will be impossible for any court to say that they want to perpetrate a frau d. For example, when the chargee is involved in the guilty of fraud and conspiracy, then the chargeeà ¢Ã¢â€š ¬Ã¢â€ž ¢s application for order of sale of charged land would be defeated. This means that the chargee does not enjoy defeasibility of title as the chargee is obtained the title of land by the way of illegal action. Misrepresentation Lee and Detta (2009, p.730) notes that the à ¢Ã¢â€š ¬Ã‹Å"misrepresentationà ¢Ã¢â€š ¬Ã¢â€ž ¢ within the context of section 340(2) would mean à ¢Ã¢â€š ¬Ã‹Å"fraudulent misrepresentationà ¢Ã¢â€š ¬Ã¢â€ž ¢. It is kinds of fraud under the cases of Datuk Jagindar Singh Ors v Tara Rajaratnam. The principle of this case is the interest or title which is able to be defeated by the grounds of any situations provided for in section 340 NCL 1965 remains liable to be void even in the hands of a subsequent purchaser except it can be proved that he is a purchaser in good faith and for valuable consideration. Lee and Detta (2009, p.731) acknowledge that the examples of fraudulent misrepresentation include the following: the suggestion, as to a fact, of that which is not true by one who does not believe it to be true; (Lee and Detta, 2009) The active concealment of a fact by one having knowledge or belief of the fact; (Lee and Detta, 2009) A promise made without any intention of performing it; (Lee and Detta, 2009) Any other act fitted to deceive; and (Lee and Detta, 2009) Any such act or omission as the law specifically declares to be fraudulent. (Lee and Detta, 2009) Forgery Under section 340(2)(b) NLC 1965 states that upon the registration was acquired by the way of forgery, the title of the land for such person is defeasible. The event where such person is not a party to forgery, his title is still defeasibe. For instance, under the cases of Booson Boonyanit v Adorna Properties Sdn Bhd when the forgery by itself would makes the registered title become defeasible regardless of the lack of knowledge on the part of the owner. In other hands, even if he is an innocent purchaser for value but it would also affect the immediate owner. However, in the case of Booson Boonyanit indicate that the subsequent purchasers are protected by section 340 (3)[3] NLC 1965. For example, Lee Gak was looking for the land to build factory and ask for help from his friend, Yong Tae Mu. At that time, Yong Tae Mu already had a land, which was he tricked his grandmother to transfer the land to him. So, Yong Tae Mu sold the land to his friend, Lee Gak. However, Lee Gak did not know that the land was getting by fraud. When Yong Tae Muà ¢Ã¢â€š ¬Ã¢â€ž ¢s grandmother wanted to get back the land, she just realized that the land was sold. In section340 NCL 1965 stated that the title or interest of land is indefeasibility upon registration, so Yong Tae Muà ¢Ã¢â€š ¬Ã¢â€ž ¢s grandmother can have her land back. Yong Tae Mu had cheated his grandmother to get the land, so his land title is defeasibility which stated in Section 340 (2) National Land Code. However, Yong Tae Mu had already sold the land to his friend, Lee Gak. Lee Gak still can remain the ownership of land because he was the innocent party and the subsequent purchaser is protected by Section 340 (3). In conclusion, Lee Gak had the land and Yong Tae Muà ¢Ã¢â€š ¬Ã¢â€ž ¢s grandmother is unable to claim back her land. Basically, the subsequent purchase has the benefit of protection whereas the immediate proprietor does not have are stipulated in Section 340(3). For example, Alexandar is the regis tered owner of the land. Benjamin forges Alexandarà ¢Ã¢â€š ¬Ã¢â€ž ¢s signature and transfers a piece of land to himself. Then, Benjamin sells the land and transfer the land to Catherine. But Catherine, who has no being aware of the forgery, she will obtain the indefeasible title. Or if Benjamin forges Alexandarà ¢Ã¢â€š ¬Ã¢â€ž ¢s signature and transfers the land from Alexandar to Catherine and Catherine later transfers the land to Damien, then, Damien and not Catherine, who has no knowledge of the forgery, will obtain an indefeasible title. Catherine and Damien in the first and second examples are known as sub-purchasers under section 340(3). Besides than that, chargee may still can succeed in obtaining an order for sale when the land is transferred by the fraud of the transferee and a charge is effected in favour of an innocent 3rd party as illustrated inOwe Then Kooi v Au ThiamSeng Anor Development Commercial Bank Bhd v Au Thin Chai Ors. For example, Park Ha and Joo Se N a are sisters and having closing relationship to each other. But, Park Ha is richer than Joo Se Na and owns some property. Joo Se Na felt jealous to her sister Park Ha and wanted to get her sisterà ¢Ã¢â€š ¬Ã¢â€ž ¢s property, so, Joo Se Na tricked her sister to transfer her property to Joo Se Na. Her sisters had believed Joo Se Na and agree to transfer her property to Joo Se Na on the spot. Joo Se Na charged the property to Bank Mimi to borrow money after she got the title of land from her sister. Her sister realized that she had been cheated by Joo Se Na while Joo Se Na had already run away with the money which had borrowed from Bank Mimi. Her sister wanted to get back her title of land since she had been cheated. However, she unable to take back her title of land due to there was included the innocent party, which was Bank Mimi. The amount of money lend to Joo Se Na is not able to be recovered, so Bank Mimi had to sell the property to get back their money which is lend to Joo Se N a. Joo Se Naà ¢Ã¢â€š ¬Ã¢â€ž ¢s sister, Park Ha still can get the money if there was remaining money after sold the property, vice versa. Lee and Detta, (2009, p.731) acknowledge that this may be compared with the position in Sarawak where section 132[4] of the Sarawak Land Code (cap.81) provides that a purchaser in good faith and for value, provided that he is innocence and commit of any fraud, will obtained an indefeasible title or interest when registration even if the registration has been obtained by the way of forgery or void instrument. (Lee and Detta, 2009) Insufficient or void Instruments Insufficient or void instruments is laid down under section 340(2)(b) NLC 1965. For example, an instrument of dealing may be considered to be adequate if the instrument has failed to comply with certain procedures or formalities as stipulated by the NCL. Thus the procedures or formalities as stipulated by sections 207 to 211 NLC 1965 must be followed or else the instrument of dealing may be considered to be inadequate. Based on the case of Puran Singh v Kchar Singh Anor, another example of an à ¢Ã¢â€š ¬Ã‹Å"inadequate à ¢Ã¢â€š ¬Ã‹Å"instrument is an instrument of dealing signed by an lawyer according to an invalid or insufficient power of attorney . On the other hand, Lee and Detta (2009, p.732) notes that void instrument would include one which is forged or violation to any restriction in interest to which the land is subject to any prohibition imposed by the Code or any written law. Examples of instruments which are because of prohibition prescribed by law include the foll owing: Transactions made in violation of the Moneylenders Ordinance 1951. (Lee and Detta, 2009) Transactions made in violation of Malay Reservation Enactments. (Lee and Detta, 2009) Position of Subsequent Purchaser Taking Defeasible Title/Interest Lee and Detta (2009, p.732) acknowledge that section 340(3) provided that nothing in this subsection shall affect any title or interest acquired by any purchaser in good faith and for valuable consideration, or by any person or body claiming through or under such a purchaser. The result of section 340(3) is that where a registered title is presented defeasible by the grounds of the circumstances provided under section 340(2) NCL 1965, it is liable to be void not only in the hands of the immediate registered owner but also any subsequent purchaser. [1] Refer to Appendix 14 [2] Refer to Appendix 15 [3] Refer to Appendix 16 [4] Refer to Appendix 17

Geo Engineering And Its Effects On The Future Generations

Currently, geo-engineering has not been developed or tested to ensure its efficacy and safety. I know that this uncertainty can be lessened through predictions or computer-generated simulation. Despite these efforts, there will still be a percentage of uncertainty when it comes to the risk that future generations may face. Hence, developing and utilizing geo-engineering may have adverse effects in the future generations, which becomes an ethical issue. Subjecting the future generation to the unknown effects of carbon removal or aerosol dispersal in the atmosphere may cause more harm for we cannot 100% predict the future. Others may argue that geo-engineering may lead to the ensured survival of the future generations. 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Should a foreign state provide a mortgage Free Essays

Should a foreign state provide a mortgage for a diplomatic mission of another foreign state? BY FeltxR02 Diplomatic Law Should a foreign state provide a mortgage for a diplomatic mission of another foreign state? Until the beginning of the 20th Century was generally recognized the principle of international law according to which foreign states cannot be sued in courts of a foreign country (the principle of absolute immunity). This has proven to be unsustainable due to increasing economic activities of public authorities. It has been abandoned by most Jurisdictions. We will write a custom essay sample on Should a foreign state provide a mortgage or any similar topic only for you Order Now In Germany for example the principle of limited immunity is now practiced since the beginning of the 1960s. Therefore foreign States only enjoy immunity when they act in the name of their sovereignty (acta lure imperil). For claims arising from economic activity (acta lure gestionis) the foreign state cannot rely on its freedom of Jurisdiction. This can certainly be seen in a mortgage, because in international law not the purpose of government action, but he nature of the action determines whether it is a actum Jure imperil or lure gestionis. So there is generally a private law relationship between the bank and the ambassador, as a representative of the country. With the threat of payment default, the bank could therefore theoretically initiate enforcement and claim the money in court. Problems arise, however, in the enforcement of the claim, since Article 22 paragraph 3 of the Vienna Convention of 1961 rules that the buildings of an Embassy re excepted from any enforcement. For actions of enforcement or execution against a foreign State it is not allowed to take any measures against the things the diplomatic missions needs for its diplomatic representation and to the performance of their official functions (ne impediatur Legatio). In resume it can be dangerous for the bank to give the mortgage to the countries representatives, though you have the possibility of trying to enforce your claim. How to cite Should a foreign state provide a mortgage, Papers

Knowledge Limits Essay Example For Students

Knowledge Limits Essay Over history, the human race has striven for truth and understanding logic. Whentrying to understand this, a person approaches the philosophical question,What can I know? With this philosophical question comes the epic battlebetween whether or not a person should base an opinion on empicism orrationalism. I believe that I need to be shown facts and logic to understandsomething, however I also rely on my senses to strengthen my self. First of allempicism is when a person bases what they have seen on pure senses, or when aperson just relies on their five senses to explain what they see around them. However, if a person relies on logic and fact, that person is a rationalist. Ibelieve that a person should use facts and logic to explain events, simplybecause basing something on sight alone is not reliable, and there is nothing toback up ones theory. There are many instances that support my reason to chooserationalism over empiricism. Take the apparent sightings of UFOs (undefinedflying object) people have claimed to see these objects, yet there is littleevidence that proves their claim. The question arises how can a person provethis? The answer is they cannot because there are not facts or logic that backit up? Nevertheless, there are the evident sightings of the lock nessmonster, which again is only based on empiciam. Since all of sighting arebased on a persons senses. Then, there is the major question of the existenceof god. I firmly believe that there is a holy God, and this supernatural beingis involved in our every day life. This God is holy and will punish the peoplethat wro ng the society, and will praise the goodness. I also believe that thisGod was the creator of the universe, and the reality that we live in today. Thesis: I believe that rational and logical thinking should be used to solveproblems, because 1) Rationalism better explains problems then empiricism, 2)That miracles have reasons and can be explained, in spite of 1) If God is holythen why is there suffering, 2) What evidence proves the existences of God. Theholy God can explain miracles and other phenomenal events, because everythinghas a reason. Miracles happen to praise the good and helps destroy the bad. Whena person looks closely at the Bible they may see many stories that involvephenomenal events. With this God have miracles take place for a purpose, inorder for the suffering and the bad to be destroyed. Take for example, Mosesparting the Red Sea, in this phenomenal event he allowed his people to walkthrough the parted Sea. When doing this Moses cleared away the water in orderfor his people to get to the other side, clearly this is a miracle. The storyabout the parting of the Red Sea has several different versions, but isgenera lly the same. With this God seems to have miracles happen for a purpose tohelp the good. In conclusion to this thought I believe that God is the creatorof miracles and phenomenal events. I believe that I am a rationalist and aperson should only rely on logic and facts to understand problems. I believethat when a person thinks with a rational mind they are able to comprehendbetter. Using an empirical mind a person is just focused on their senses andthen that person is limited to just their senses. With this a person cannot usetheir logical mind. Therefore that person is unable to make an accurateassumption. In conclusion a person should use logical reasoning to solveproblems, because logic can be more accurate then a persons senses. An opponentmight question how can God be holy and yet have all the sufferings in todayssociety. My reason to this objection is that God works in mysterious ways and byhaving suffering now may save people in the long run. For instances if God killsa person now, maybe in a couple years that person took the suffering away frommany others. Also, there is another reason why God would have suffering, is topunish another person for wrongdoing. God creates sufferings in his world, inorder to help people realize their mistakes so they do not make the samemistakes twice. As a holy God he must punish people for sinning, to help praisethe good citizens as well. Also, another question an opponent mightsuggest is that how do you know there is a God? The Bible is a written documentthat states the there is a God, and it helps better understand the existences ofthe Supreme Being. Also, going back to the thought of miracles, science cannotexplain miracles. Furthermore there has to be a Supreme Being creating thesemiracles. With these examples, I firmly believe that there is a God, and thisbeing is the creator of the universe. .ubf4eab6699bc95682f9730868ce41f29 , .ubf4eab6699bc95682f9730868ce41f29 .postImageUrl , .ubf4eab6699bc95682f9730868ce41f29 .centered-text-area { min-height: 80px; position: relative; } .ubf4eab6699bc95682f9730868ce41f29 , .ubf4eab6699bc95682f9730868ce41f29:hover , .ubf4eab6699bc95682f9730868ce41f29:visited , .ubf4eab6699bc95682f9730868ce41f29:active { border:0!important; } .ubf4eab6699bc95682f9730868ce41f29 .clearfix:after { content: ""; display: table; clear: both; } .ubf4eab6699bc95682f9730868ce41f29 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .ubf4eab6699bc95682f9730868ce41f29:active , .ubf4eab6699bc95682f9730868ce41f29:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ubf4eab6699bc95682f9730868ce41f29 .centered-text-area { width: 100%; position: relative ; } .ubf4eab6699bc95682f9730868ce41f29 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ubf4eab6699bc95682f9730868ce41f29 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ubf4eab6699bc95682f9730868ce41f29 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .ubf4eab6699bc95682f9730868ce41f29:hover .ctaButton { background-color: #34495E!important; } .ubf4eab6699bc95682f9730868ce41f29 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ubf4eab6699bc95682f9730868ce41f29 .ubf4eab6699bc95682f9730868ce41f29-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ubf4eab6699bc95682f9730868ce41f29:after { content: ""; display: block; clear: both; } READ: I Will Never Back Down EssayPhilosophy