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Transfer of Title by a Non-Owner : Personal Property Securities Act 2009 (Cth) exceptions to the nemo dat quod non habet rule

McGill, Denise (2011) Transfer of Title by a Non-Owner : Personal Property Securities Act 2009 (Cth) exceptions to the nemo dat quod non habet rule. Australian Business Law Review, 39(4), pp. 209-226.

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    Abstract

    The fundamental personal property rule – no one can transfer a better title to property than they had – is subject to exceptions in the Sale of Goods legislation, which aim to protect innocent buyers who are deceived by a seller’s apparent physical possession of property. These exceptions cover a limited range of transactions and are restrictive in their operation. Australia now has national legislation - the Personal Property Securities Act 2009 (Cth) - which will apply to many transactions outside the scope of the Sale of Goods Act and which includes rules for sales by non-owners which will provide exceptions to the nemo dat quod non habet rule for many common commercial transactions. This article explores the effect of the Personal Property Securities Act 2009 (Cth) on the Sale of Goods exceptions, explains that the new provisions are so wide that there is little continuing relevance for the Sale of Goods Act exceptions, and indicates where they may still apply.

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    ID Code: 46813
    Item Type: Journal Article
    Additional Information: Item limited to QUT staff and students only at request of author
    ISSN: 0310-1053
    Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Commercial and Contract Law (180105)
    Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Property Law (excl. Intellectual Property Law) (180124)
    Divisions: Current > QUT Faculties and Divisions > Faculty of Law
    Current > Research Centres > Law and Justice Research Centre
    Current > Schools > School of Law
    Copyright Owner: Copyright 2011 Thomson Reuters (professional) Australia Limited
    Deposited On: 04 Nov 2011 08:51
    Last Modified: 04 Nov 2011 21:07

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