Fixtures, mortgages and retention of title clauses
This article examines the impact of the doctrine of fixtures on the supply of goods on retention of title terms, particularly where the goods have been affixed to a land that is encumbered by a pre-existing mortgage. As the law now stands, the mortgagee invariably prevails in a priority contest, lea...
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| Format: | text |
| Language: | English |
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Institutional Knowledge at Singapore Management University
2021
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| Online Access: | https://ink.library.smu.edu.sg/sol_research/3280 https://ink.library.smu.edu.sg/context/sol_research/article/5238/viewcontent/Fixtures__Mortgages_and_Retention_of_Title_Clauses_forInK.pdf |
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| Institution: | Singapore Management University |
| Language: | English |
| Summary: | This article examines the impact of the doctrine of fixtures on the supply of goods on retention of title terms, particularly where the goods have been affixed to a land that is encumbered by a pre-existing mortgage. As the law now stands, the mortgagee invariably prevails in a priority contest, leaving the supplier with no effective way of protecting its interest. It is argued that the currently broad definition of a fixture requires rethinking to achieve a more balanced treatment of the two parties. |
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