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Vol 21 No 11 Nov/Dec 2016

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The Constitutional Protection and Regulation of Property and Its Influence on the Reform of Private Law and Landownership in South Africa and Germany

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H. MostertUniversity of Stellenbosch, Matieland, South Africa

ISBN13: 9783540430063
ISBN: 3540430067
Published: December 2002
Publisher: Springer-Verlag
Format: Hardback
Price: Out of print



The degree to which the traditional concept of property can be adjusted in order to accommodate basic constitutional concepts such as freedom and social duty, is analysed by the author. The focus is placed on recent reforms in the land law of Germany and South Africa. Remarkable similarities in the history, structure and interpretation of German and South African property law and constitutional law are indicated and a link between private law, constitutional law, land reform and legal comparison is established. This is of particular significance for the implementation of the constitutional objectives of land reform by the South African judiciary and legislature. It furthermore provides an overview of the intricate system of constitutional property protection that has been developed in German law.

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Subjects:
South Africa, Other Jurisdictions
Contents:
Research Question, Terminology and Methodology; Background to the Constitutional Protection of Property in Germany and South Africa; The Constitutional Inquiry into Property Protection and its Relevance for the Existing Property Order; The Influence of Social Reform on Land Law in Germany and South Africa.