Topic: PhD confirmation - Rethinking the law of liens
Presenter: Mr Brad Strahorn - PhD Candidate - TC Beirne School of Law
The law of liens, as it is currently organised, does not survive close scrutiny. While it is thought to describe security interests that arise by operation of law, closer examination reveals that few of them in fact arise in that way. While liens are further divided into possessory and non-possessory security interests, reduction in this manner involves the collapse of the term completely, with many becoming in function either a 'pledge' or a 'charge'. A fresh approach is needed. Here liens are compared against those circumstances in which the law either creates or facilitates the creation of property rights. Doing that appears to provide much firmer guidance of when and why the varying species of lien can be said to arise. That in turn is hoped to aid their development.
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Contact: Ms Beth Williams, ph: (07) 3346 9350, email: marketing@law.uq.edu.au
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