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The Law of Assignment, 3rd Edition by Smith, Marcus; Leslie, Nico (8th March 2018)

Part V The Effects of Assignment, The Persistence of Property Rights, and The Vindication of An Owner’s Rights, 27 Priorities and The Loss of Title

From: The Law of Assignment (3rd Edition)

Marcus Smith, Nico Leslie

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 08 July 2020

Property and title and choice of law

This chapter examines priorities and the loss of title. Even though the thing which an owner owns continues to exist, it is possible for that owner to lose his rights over that thing in circumstances other than where he has voluntarily disposed of his ownership. Obviously, if an owner voluntarily disposes of his interest in a thing, he loses his rights over the thing. Priority disputes concern the case where two rivals claim the same thing or where one person claims a right in a thing ranking more highly than another's claim in the same thing. Different questions arise where a subsidiary interest is created out of a larger set of rights. Where such subsidiary interests are created, and they conflict in the sense that two persons claim the same interest, the rival claims of the owners of these rights fall to be determined by the priority rules considered in this chapter.

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