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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Silberberg and Schoeman's The Law of Property 5th ed isbn 9780409053180

Silberberg and Schoeman's The Law of Property 4th ed

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ISBN13: 9780409053166
ISBN: 0409053163
New Edition ISBN: 9780409053180
Published: February 2003
Publisher: LexisNexis Butterworths South Africa
Country of Publication: South Africa
Format: Paperback
Price: Out of print

The fourth edition of Silberberg and Schoeman: The Law of Property is a valuable textbook that provides students with a comprehensive overview of property law in South Africa. This new edition incorporates discussion of the impact of the South African Constitution, in particular the relevant provisions of the Bill of Rights, on the private law theory and practice of property.

Recent developments in land reform legislation are discussed in detail, and the work has been substantially revised and rewritten to incorporate the recent developments within the context of the new constitutional dispensation.

  • Provides a basic framework and exposition of property law, and contains a detailed account of general principles of South African property law, to give students new to this complex are of law a comprehensive overview of property law in South Africa
  • The distinction between real rights and personal rights is considered against the backdrop of various theories, recent case law and modern approaches regarding the importance of registration in the context of diversified land use rights
  • Reflects on new developments within constitutional and land reform dispensation, ensuring that the work is up-to-date and applicable to current property law practice
  • Focuses on functional rather than historical approach by providing recent case studies to illustrate the legal principles and recent developments in the field of property law
  • Cross-referencing system provides necessary links between important aspects
  • Table of statutes to direct students to pertinent property legislation
  • Table of cases to refer students to leading property case law which explains how the law is put into practice and interpreted by the courts
  • Comprehensive index to enable students to access information quickly and easily
  • Latin texts and phrases have been translated, and Latin maxims and concepts retained in brackets due to continued usage of courts and to ensure complete understanding of the concepts

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Other Jurisdictions
Meaning and scope of the law of property
Legal concept of property
Classification of property
Real rights
Acquisition of real rights: general principles
Original acquisition of ownership
Derivative acquisition (transfer) of ownership: Delivery
Derivative acquisition (transfer) of ownership: Land registration
Protection and loss of ownership
Protection and loss of possession
Restrictive conditions
Mineral rights
Limited real rights flowing from leases
Mortgage and pledge
Real security created by law
Sectional titles
Statutory regulated schemes regarding immovable property;
Alternatives to common law ownership and sectional ownership
Land reform