The South African Law of Persons provides law students with a thorough understanding of the principles of the law of persons.

In a concise and comprehensive manner, the publication includes discussion of the implications of the constitutional principles of the law of persons.

A title deed = tenure security. Or does it? This book challenges this simple equation and its apparently self-evident assumptions. It argues that two very different property paradigms characterise South Africa.

The first is the dominant paradigm of private property, referred to as an ‘edifice’, against which all other property regimes are measured and ranked. However, the majority of South Africans gain access to land and housing through very different processes, which this book calls social or off-register tenures. These tenures are poorly understood, a gap Untitled aims to address. The book reveals that ‘informal’ and customary property systems can be well organised, often providing substantial tenure security, but lack official recognition and support. This makes them difficult to service and vulnerable to elite capture.

Policy interventions usually aim to formalise these arrangements by issuing title deeds. The case studies in this book, which span both rural and urban contexts in South Africa, examine these interventions and the unintended consequences they often give rise to. Interventions based on an understanding of locally embedded property relations are more likely to succeed than those that attempt to transform them into registered tenures. However, emerging practices hit intractable obstacles associated with the ‘edifice’, which only a substantial transformation of the legal paradigms can overcome.

The eighth edition of Law of Delict is a comprehensive revision and update of Neethling-Potgieter-Visser Law of Delict (7th edition, 2015) in light of new legal authority and literature which naturally necessitated an adaptation of legal principles and theoretical points of view.

In particular, special attention was given to the continuing debate on delictual principles that has taken place in academic and judicial circles since the appearance of the previous edition, especially on the relationship between wrongfulness, negligence and legal causation.

Family Law in South Africa, second edition, offers a clear and accessible introduction to the principles of family law in South Africa. The second edition is thoroughly updated and revised to reflect developments within the recent period, and includes a new chapter relating to surrogacy, IVF, and other forms of non-natural reproduction.

This revised edition introduces a more integral and expanded synthesis of common law and African customary law, throughout, and includes a new chapter that discusses customary law rights, responsibilities and ritual pertaining to children.

Where relevant, aspects of legal ethics, social justice, problem solving, and comparative law are foregrounded, at the appropriate level, and critical, reflective and skills-based development is supported by the text’s unique pedagogical design.

South African Family Law provides law students and practitioners with a thorough understanding of the principles of family law.

In a concise manner, the publication also includes discussion of the implications of the Constitution for Family Law.

An introductory legal textbook for property law.

The Law of Delict in South Africa, third edition, offers an introduction to the general principles of delictual law. Comprehensive in scope, while clear and concise, the text provides a rich contextual framework which supports understanding and application of the principles.

Features:

• The text offers a progressive discussion of the law of delict, analysing the extent to which the common law of delict reflects the diverse, multicultural values of South African society, and proposing a framework for continuing, inclusive development of the common law. In addition, the third edition offers a deeper critical discussion of the relationship between common law principles and the Constitution of the Republic of South Africa.
• The third edition draws critical connections between established principles of delictual law and the rapidly-developing technological context. Discussions, which relate and apply principles to the context of modern technologies, are integrated throughout the text.

The Law of Contract in South Africa, fourth edition, offers a concise, accessible and rigorous introduction to the general principles of contract law in South Africa. Balancing depth of explanation with exceptional clarity and an enquiring approach, the text guides readers to master their knowledge and to critically engage with the subject matter.

The fourth edition is revised and updated to address several significant developments.

Additional teaching presentation and assessment materials are available to support teaching and learning.

Get Your Will Right is a practical guide on what you should consider when drawing up your Will to reduce the cost of managing your estate. The book will guide you on how to structure your assets to minimise estate duty and will help your family with the process of finalising your estate, while highlighting the problems that could occur should your Will be lost or incorrectly completed.

It also warns against the common practice of a terminally ill individual moving all the assets into the spouse’s name before death, as in the long run, this can cost the family R700 000 in estate duty.

Get Your Will Right is an easy-to-understand guide that could save your family hundreds of thousands of rands upon your death and is based on the authors’ experience of managing over 300 deceased estates.

Scott on Cession: A Treatise on the Law in South Africa is a comprehensive exposition of the law of cession. Scott incorporates aspects of her doctoral thesis (1977), her previous book on cession, The Law of Cession, (1991) and her articles on cession that have been published in law journals. The book focuses on case law, but case law as a source of law in this branch of the law poses particular problems: some of the earlier decisions, and even recent ones, are based on Roman-Dutch law, which no longer completely satisfies current modern needs. To explain certain idiosyncrasies in the case law, Scott refers to the historical development of cession as a legal institution. The book also provides extensive commentary on certain problematic aspects of cession, using comparable legal systems, and incorporates the dogmatic foundations of the law of cession.

Part of the Juta’s Property Law Library series, this new edition offers a comprehensive and authoritative discussion of all aspects of property law in South Africa.

The 3rd edition reflects recent developments in case law and literature, and expands extensively on the new comparative sections which include asset forfeiture, constructive expropriation and the public-purpose requirement for expropriation.

The author has won international acclaim for his work in the field.

This is the fifth edition of the book that has appeared for the first time in 1992 as a relatively concise text, primarily aimed at students in the law of succession. In its successive editions the book has evolved into a more general source on the South African law of succession. Through its approach, presentation and systematic method the work remains ideal for use as a textbook in courses in the law of succession. The fifth edition again strives to provide the reader with a comprehensive overview of the different facets of the law of succession, in the light of recent developments that have affected this branch of the law.

Dean & Dyer's Introduction To Intellectual Property Law In South Africa, Second Edition, offers a rigorous and accessible introduction to the various branches of South African intellectual property law.

This second edition text is thoroughly revised and updated to address the many, general developments in case law, and amendments to relevant legislation, that have occurred since the publication of the previous edition of this work. In addition, the text addresses the multifarious developments that have occurred within the digital environment, as relevant to trademark and copyright law, and includes discussion of artificial intelligence as an

important development in the law of copyright. Dean & Dyer’s Introduction to Intellectual Property Law in South Africa, Second Edition, offers an enquiring approach, and a pedagogical framework that supports independent critical and reflective engagement with the subject matter.

Trusted for over 50 years, this accessible, comprehensive and practical commentary has been written with the needs of the practitioner, the trustee and the academic jurist in mind.

The sixth edition of Honoré’s South African Law of Trusts meticulously discusses the life of a trust from its formation to its dissolution and the problems that are typically encountered in the process.

Extensively updated with reference to the latest legislation, case law, and in terms of South Africa’s growing constitutional development, the book also includes a new chapter on collective investment schemes.

This book is an introductory text for students of property law

The book provides undergraduate students with an extensive exposition of the general principles of South African Property Law. It is a sister title to Silberberg and Schoeman's The Law of Property which is written for postgraduate students and legal practitioners.

The Principles of The Law of Property in South Africa, Second Edition, offers a thorough, current and accessible introduction to the general principles of property law in South Africa. Including diverse perspectives, the second edition foregrounds discussion of constitutional perspectives to engage with critical issues and debates that arise within the current and dynamic socio-economic context.

The text presents fundamental principles within a clear and applied conceptual framework, and is designed to support independent, enquiring and critical engagement with the subject matter.

The Principles of The Law of Property in South Africa 2e is appropriate as core material for LLB courses that address property law. The text is also a useful resource for practitioners who wish to engage with foundational and current principles of the field.

The purpose of this work is to help students master the cases and articles in legal journals prescribed as additional study material in courses on specific (nominate) contracts.

It is not a traditional case-book which consists mainly of quotations from the decided cases. It provides a concise summary of the facts, of the dispute or question of law in issue, and of the salient points of the decision, together with comments, remarks, criticisms or the points of view taken in articles in legal journals. New case law was added to the sections dealing with purchase and sale, lease, agency, credit agreements and insurance.

Some examples of contracts have been added to this edition to enhance student understanding of the contents and drafting of typical contracts.

The last monograph to be dedicated exclusively to the law of servitudes in South African law was the 1973 edition of Hall & Kellaway: Servitudes. Since then, interesting regulatory and constitutional issues have arisen in servitude disputes.

The Law of Servitudes covers the traditional areas of the law relating to servitudes, such as the nature and characteristics of servitudes, the acquisition of servitudes, the relationship between the servitude holder and the landowner (including remedies available to either party), the termination of servitudes, and includes separate chapters on praedial servitudes, personal servitudes, and statutory and public servitudes.

The Law of Servitudes seeks to establish the current state of the law, seen in the context of its historical development in South Africa, as well as to consider the current position with reference to the effect of the Constitution on the development of private law.

McKenzie's law of building and engineering contracts and arbitration is an essential reference for those connected with the construction industry. It is the leading reference work dealing with South African contract law relating specifically to engineering and building contracts.

This is the first book to explain the law applicable to the updated Joint Building Contracts Committee (JBCC) Principle Building Agreement (6th edition, 2014) and the Engineering General Conditions of Contract for Construction Works (2nd edition, 2010), which are both annexed to the book and extensively cross-referenced to assist the reader. The book also cross-references the relevant clauses of the FIDIC Contract Agreement (1999). Disputes arising out of building contracts are often referred to arbitration for solution.

This work therefore deals with the effect of the Arbitration Act 42 of 1965 and the Association of Arbitrators Standard Procedure Rules, which are also reproduced as annexures in the book.

Land In South Africa examines how land and agrarian reform impacts nation building, citizenship, and identity formation. The publication draws attention to the limitations of reducing land to a commodity, and how this approach perpetuates social conflict and inequality in land reform policy implementation.

The book posits an alternative policy paradigm, which discusses contested meanings of land and their relation to nation formation. It brings to the fore citizen stakeholder perspectives from former labour tenants, citizens residing in communally owned land, women subsistence farmers, peasant movements and land reform civil society groups.

The chapters investigate the diverse and contested meanings of land to elevate how South Africans perceive land justice and reform, while also including several international case studies. The publication argues that land power relations and policy debates are constitutive components of nation building. And, importantly, that land shapes essential pillars in nation formation such as citizenship, political identity, heritage, a sense of belonging and social disparities.

Law of Damages Through the Cases is a compilation of authoritative judgments and legislative provisions illustrating the basic principles of the law of damages. It is intended to provide students and practitioners with easy access to important authorities in the field of damages.

The extracts from selected judgments have been arranged systematically and provided with summaries, marginal notes and cross-references. Since this casebook is intended to complement Law of Damages, the notes contain cross-references to the discussion and evaluation of the relevant principles in the latter work. There are also references to other academic comment as well as to case law.

Key Features:

• A working companion to Law of Damages, by the same authors
• Easy access to important authorities in the field of damages

This book comprehensively, yet succinctly, covers the use and administration of trusts in South Africa. It also serves as a useful reference to more detailed texts on the subject as well as to case law. Whilst the Trust Property Control Act 57 of 1988 sets out the minimum requirements when it comes to the formation and administration of trusts, other statutes (including the Income Tax Act, the Estate Duty Act, and the Alienation of Land Act) also have a direct bearing on how trusts are formed, administered, amended and terminated. Moreover, the common law has been a major factor in the development of trust law in South Africa. This book therefore not only deals with the legislation that is relevant to trusts, but it highlights and discusses the case law which has been an essential part of the development of the law of trusts.