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Property Remedies
"The new constitutional order has brought about substantial changes to the application of property remedies in South African law. Property Remedies investigates the ways in which various property remedies have been developed by the courts. The book shows that the transformation of remedial possibilities needs to be informed by different contexts. The book argues that it is important to consider this jurisprudential challenge in developing property remedies that are suited to a new constitutional order based on a single system of law.Property Remedies covers the traditional common-law remedies used to protect property interests, such as the rei vindicatio, the actio negatoria, the mandament v...
Beyond Expropriation Without Compensation
"This book will appeal to scholars, students, policymakers and readers interested in the contribution of land reform and constitutional law to redistributive justice. An interdisciplinary team of experts, united in their commitment to redistributive justice, explore the complexity of issues in critical, constructive and creative ways"--
Beyond Expropriation Without Compensation
Experts on property law, land reform and social justice debate constitutional change and future of redistributive justice in South Africa.
South African Constitutional Law in Context
Includes bibliographical references (pages 843-875) and index.
Property and Pandemics
"This collection offers critical perspectives on the role that property law rules and principles played in the responses of different states to the pandemic. The contributions challenge readers to think about how property law can or should respond to drastically changing circumstances. The research is centred around four themes that intend to highlight the role that property law has played in governmental responses to the pandemic. The role of the home takes centre stage in considering how the instruction to 'shelter in place' carried with it a host of assumptions about the accessibility, availability and habitability of housing. Secondly, the constitutionality of regulations that affect the...
Property Regulation
“Property Regulation: An integrated approach under the Constitution offers a principled and holistic methodology for resolving property disputes in South Africa. It sets out the constitutional relationship between different sources of law based on the application of the subsidiarity principles that give effect to the single-system-of-law imperative. Property Regulation critically reframes our understanding of the relationship between property rights and regulation and offers guidance regarding appropriate litigation pathways and adjudication frameworks for six different types of regulation. These include regulation stemming from legislation, the common law, customary law, administrative action, executive action, and direct constitutional regulation. These topics are dealt with in light of the socio-economic and political context of property in South Africa to show that property regulation is a powerful tool with which to achieve constitutional aims and objectives
Commercial Law Reports 2015
Commercial law judgments, South Africa
