Legal Protection of Purchaser of the Mortgaged Property in Tanzania
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SAUT
Abstract
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The research examines the Legal Protection of Purchaser of Mortgaged Property in
Tanzania, the laws and practices on the protection of purchaser of the mortgaged property.
The research comprises five main chapters. Under the first chapter is the general overview.
It is the identification of the knowledge gap from existing literature; the research problem;
the research objectives, and including research methodologies implored.
The second chapter examines conceptual and theoretical framework on Protection of
Purchaser of Mortgaged Property in Tanzania: The requirements to observe in the creation
of mortgages; the concepts and nature of ownership of an interest in land granted by the
laws in Tanzania. The discussion on how are the bona fide purchaser and the Principle of
Caveat Emptor.
The third chapter examines the legitimate structure prevailing for protection of purchasers
of mortgaged property in Tanzania: The extent of protection provided by the Tanzanian
laws to the purchaser of the mortgaged property; especially the mother law of the land
chapter two and the property law; the Land law Act 1999. The study examines the extent to
how the purchaser of the mortgaged property is been protected by legal institutions in
particular the courts of law in Tanzania
Chapter four presents the main findings: The procedures to be followed before the actual
sale of the property. The obligations and rights of the parties under the mortgage, the rights
of the purchaser of the mortgaged property, and the challenges hinder the full protection of
the purchaser. Lastly, chapter five makes a conclusion and recommendations of the study to
the society at large.
Keywords
Law