A bona fide purchaser for valuable consideration: a special creature under the Malaysian land law
Bona fide purchaser seem to have a very comfortable place under the Malaysian land law. The NLC has expressly stated that in case of any conflict of interest between bona fide purchasers and others, the bona fide purchasers shall be given priority. In tackling this issues, the writer will first prov...
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| Format: | Proceeding Paper |
| Language: | English |
| Published: |
2004
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/25164/ http://irep.iium.edu.my/25164/3/25164.pdf |
| _version_ | 1848779421720248320 |
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| author | Mohamad, Nor Asiah |
| author_facet | Mohamad, Nor Asiah |
| author_sort | Mohamad, Nor Asiah |
| building | IIUM Repository |
| collection | Online Access |
| description | Bona fide purchaser seem to have a very comfortable place under the Malaysian land law. The NLC has expressly stated that in case of any conflict of interest between bona fide purchasers and others, the bona fide purchasers shall be given priority. In tackling this issues, the writer will first provide a detail discussion on the point who are the people that fall under the category of bona fide purchaser based on case law. What are the principles or criteria used by the court in their findings. The discussion will include identifying the criteria used by the courts in classifying those persons as bona fide purchaser. Lastly the paper will also highlight the dilemmas and problems arising as a result of some court decisions in giving priority to bona fide purchasers especially under a system where registration is of a paramount consideration. This paper seeks to show that the privillage given to the so called bona fide purchasers, to a certain extent, may develop a conflict of principle under the Malaysian Torrens system. |
| first_indexed | 2025-11-14T15:17:31Z |
| format | Proceeding Paper |
| id | iium-25164 |
| institution | International Islamic University Malaysia |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-14T15:17:31Z |
| publishDate | 2004 |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | iium-251642015-08-04T15:04:04Z http://irep.iium.edu.my/25164/ A bona fide purchaser for valuable consideration: a special creature under the Malaysian land law Mohamad, Nor Asiah K Law (General) KPG Malaysia Bona fide purchaser seem to have a very comfortable place under the Malaysian land law. The NLC has expressly stated that in case of any conflict of interest between bona fide purchasers and others, the bona fide purchasers shall be given priority. In tackling this issues, the writer will first provide a detail discussion on the point who are the people that fall under the category of bona fide purchaser based on case law. What are the principles or criteria used by the court in their findings. The discussion will include identifying the criteria used by the courts in classifying those persons as bona fide purchaser. Lastly the paper will also highlight the dilemmas and problems arising as a result of some court decisions in giving priority to bona fide purchasers especially under a system where registration is of a paramount consideration. This paper seeks to show that the privillage given to the so called bona fide purchasers, to a certain extent, may develop a conflict of principle under the Malaysian Torrens system. 2004 Proceeding Paper PeerReviewed application/pdf en http://irep.iium.edu.my/25164/3/25164.pdf Mohamad, Nor Asiah (2004) A bona fide purchaser for valuable consideration: a special creature under the Malaysian land law. In: Proceeding of the International Real Estate Research Symposium (IRERS) 2004 : Towards Enhancement of Knowledge Partnerships in Real Estate, 13-15 April 2004, Pan Pacific Hotel, Kuala Lumpur, Malaysia. (Unpublished) |
| spellingShingle | K Law (General) KPG Malaysia Mohamad, Nor Asiah A bona fide purchaser for valuable consideration: a special creature under the Malaysian land law |
| title | A bona fide purchaser for valuable consideration: a special creature under the Malaysian land law |
| title_full | A bona fide purchaser for valuable consideration: a special creature under the Malaysian land law |
| title_fullStr | A bona fide purchaser for valuable consideration: a special creature under the Malaysian land law |
| title_full_unstemmed | A bona fide purchaser for valuable consideration: a special creature under the Malaysian land law |
| title_short | A bona fide purchaser for valuable consideration: a special creature under the Malaysian land law |
| title_sort | bona fide purchaser for valuable consideration: a special creature under the malaysian land law |
| topic | K Law (General) KPG Malaysia |
| url | http://irep.iium.edu.my/25164/ http://irep.iium.edu.my/25164/3/25164.pdf |