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Dáil Éireann debate -
Thursday, 19 Jul 1956

Vol. 159 No. 9

Ceisteanna—Questions. Oral Answers. - Conveyancing and Law of Property Act, 1881.

asked the Minister for Justice if he will introduce legislation to amend the Conveyancing and Law of Property Act, 1881, so as to provide that Section 20, which refers to the regulation of the exercise of the power of sale, shall be compulsorily applied, as from the date of the amending legislation, to every mortgage without variation, whether included in any mortgage deed or not.

Under the law as it stands, the parties to a mortgage are free to contract out of Section 20 of the Conveyancing Act, 1881, and, as at present advised, I am not satisfied that the law in this respect ought to be changed. However, if a case can be made for amending the law, I am willing to consider it.

Am I to take from that reply that if a case is presented on the merits, which will justify an amendment of the law, he will consider amending the law?

Exactly. If the Deputy gives particulars of the case she has in mind in regard to an amendment, it will be considered.

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