Theft principle in private law: the Australian experience
| Author | John Tarrant |
| Position | Professor, Law School, University of Western Australia |
| Pages | 90-101 |
THEFT
PRINCIPLE
IN
PRIVATE
LAW:
THE
AUSTRALIAN
EXPERIENCE
JOHN
TARRANT*
Australian
law
has
developed
a
principle
known
as
the
theft
principle
which
provides
that
where
goods
are
stolen
the
thief
holds
the
property
rights
to
those
goods
on
trust
for
the
benefit
of
the
victim
of
the
theft.
The
principle
has
been
well
established
in
Australian
law
for
a
century
and
has
not
been
seriously
questioned
in
Australia.
However,
apart
from
isolated
cases
the
principle
remains
a
predominantly
Australian
idea.
The
author
outlines
the
origin
op
the
theft
principle
and
the
complex
property
rights
and
titles
that
are
created
when
goods
are
stolen.
Courts
outside
of
Australia
may
find
that
the
theft
principle
provides
an
additional
useful
remedy
to
limit
the
property
rights
acquired
by
a
thief.
Introduction
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Banking
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