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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Silberberg and Schoeman's The Law of Property 5th ed

ISBN13: 9780409053180
ISBN: 040905318X
Previous Edition ISBN: 0409053163
Published: February 2006
Publisher: LexisNexis Butterworths South Africa
Country of Publication: South Africa
Format: Paperback
Price: £65.00

Usually despatched in 1 to 3 weeks.

Ground-breaking legislative and common law developments and new case law have necessitated an update of the current edition of Silberberg and Schoeman's Law of Property Apart from being a general update of the existing content of the fourth edition, the fifth edition of Silberberg & Schoeman's deals comprehensively with important new law, such as the Mineral and Petroleum Resources Development Act 28 of 2002 and the Communal Land Rights Act 11 of 2004. New chapters on Constitutional property law and Water law have also been added.

Key Benefits:-

  • It provides a framework for and a detailed exposition of the basic principles of property law, to give practitioners, academics and students of this complex area of law a comprehensive overview of property law in South Africa.
  • It contextualises the principles of property law within a constitutional democracy, to aid an understanding of the development of this area of the law within the current political and legal dispensation.
  • It is a useful source of knowledge on important areas of specialisation within the field of property law, eg sectional titles and alternatives to conventional landownership, land reform, mineral and petroleum resources and water law, as well as constitutional property law

Practical Features:-

  • Cross-referencing system provides necessary links between important aspects
  • Table of statues 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

Other Jurisdictions
Topics Covered
Meaning and scope of the law of Property
Concepts of property and things
Classification of property and things
Property rights and 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
Mortgage and pledge
Real security created by law
Limited real rights flowing from leases
Sectional titles
Statutorily regulated schemes regarding immovable property
Constitutional property law
Mineral and petroleum resources
Land reform