Private Law Theory

ABSTRACT
Property is one of the most important factors that influences an individual’s social status and mobility. It’s ownership and free transfer has significant impact on an individual’s life. Law generally supports free transfer and is against the restrictions on free transfer of property. Section 10 of the TPA has tried to avoid these types of restrictive covenants on property transfers. However, courts have read in a public policy perspective in to the analysis of the restrictive covenants. Even though the courts were trying to balance public policy with individual rights the approach seems to be not that viable. It has created some fissures in the concept of restrictive covenants.

Mohan, Athul, Public policy and restraints on transfer (The viability of public policy perspective in classifying restraints on transfer) (February 19, 2024).