PROTECCIÓN TABULAR DE LOS DATOS DESCRIPTIVOS DE LAS FINCAS EN AUSTRALIA: UN ESTUDIO COMPARADO CON EL SISTEMA ESPAÑOL.

Abstract

The Australian Torrens system provides several exceptions to the indefeasibility of title enjoyed by a registered pro-prietor. Two of these exceptions, are the «prior certificate of title» exception and the «wrong description of land» exception. These two exceptions have their own sphere of operation. However, there are instances in which they may overlap. In some of these cases the overlap is not problematic. In other cases the application of the two exceptions may result in inappropriate or even quite different out-comes. In cases of inconsistent outcomes, which exception should have ascendancy and determine the outcome of the dispute? This article examines this contentious area in Australian Law and, in doing so, provides some relevant comparative perspectives for Spanish Law.