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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.
The Law of Contract in South Africa 3e provides a comprehensive, rigorous and accessible introduction to the principles of contract law.
The texts concise explanation assists readers to clearly understand the nuances of the subject matter, while developing applied, critical and reflective thought.
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.
Law of Persons and the Family second edition is an exciting, practical, hands-on law publication that offers its readers a comprehensive introduction to the South African Law of Persons and to South African Family Law. The second edition features updates to legislation and recent case law and additional digital assets that enhance the learning experience of students and increase the educational value of the course. Introductory case studies can now also be viewed and listened to, which provides a real-life visual and auditory experience. Every chapter also includes PowerPoint slides with summaries, explanations and examples that are accompanied by voice recordings. Law of Persons and the Family second edition functions as a practical introduction to law in which students begin to engage with the law and apply the rules and principles they learn.
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.
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.
This publication 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.
A book that requires no introduction, Caney’s The Law of Suretyship has, for over 70 years, been an authoritative reference work for the law of suretyship in South Africa. The 6th edition incorporates significant developments since the last edition in 2002, a period in which South African courts have been very busy in this area of the law.
This latest edition once again ensures that the treatment of its subject matter is most comprehensive, whilst remaining accessible to non-specialists.
The Law of Suretyship contains three parts, each dealing with different stages in the life of a contract of surety, namely: the nature, formation and operation of the contract; the rights of the surety; and the release of the surety. Each part contains a detailed discussion of their respective topic.
The authors’ treatment of each topic is well researched and supported by a host of authority, and the main text is enhanced by additional information and further discussions in the footnotes.
The Principles of the Law of Property in South Africa provides a rich source of expertise and a lively and approachable introduction to the principles of property law. Integrating the common law, statutory law, constitutional perspectives, and the related customary law principles, the text provides all of the essential material within a comprehensive source. Designed to reflect the content of an undergraduate LLB course, the book provides thorough and informative coverage of all the important topics within the subject. The Principles of the Law of Property in South Africa includes several features to support student learning and to inspire independent, critical and reflective engagement with the subject. The book is also a useful resource for legal practitioners wishing to clarify new or foundational principles of the field.
Both the law of testate succession and the law of intestate succession are of major importance to the administrator of an estate in determining how estate assets should be distributed.
The most important aspects of these branches of the law are regulated by legislation. There are, however, aspects of the law that are based on common law and which are not governed by legislation. These matters, such as the interpretation of wills, aspects regarding the capacity to inherit, accrual and massing are also discussed.
The second edition of Child Law in South Africa provides insight into the profound impact of recent legislative changes and developments in the associated regulatory frameworks, the judicial interpretation of ground-breaking case law, and the latest research findings in child law in South Africa. The work that has been done at an international level is also incorporated as far as possible within the confines of the topics addressed in this publication. This new edition of Child Law in South Africa does not merely follow in the path of its predecessor: this publication includes 11 entirely new chapters and 11 `new' authors - experts who did not contribute to the previous edition. Even the `revised' chapters add value as they systematically and critically deal with new knowledge and enhance research. Child Law in South Africa is written by 22 experts in the field, edited by Professor Trynie Boezaart, an internationally acknowledged researcher in child law, and independently peer-reviewed. The book reflects the enormous scope and dynamics involved in child law and is sure to encourage further debate and analysis.
Zimbabwe’s Constitution of 2013 provides for multi-level government at national, provincial and local level. This book explores the nature, evolution and future of this multi-level system of government against the background of international best practices.
Provincial and Local Government Reform in Zimbabwe: An analysis of the Law, Policy and Practice considers key questions about the multi-level system of government and shows how it radically differs from the old Lancaster House constitutional order.
The roles that provincial and local governments, as well as traditional leaders, fulfil in the new order are examined, the reforms needed to implement the system are outlined, and lessons to be learnt from other countries with multi-level governments are considered.
This book aims to aid the realisation of Zimbabwe’s constitutional goals of development, democracy and peace through effective multilevel governance and contributes to the international discourse on decentralisation and the role of subnational governments in Africa.
Property in Minerals and Petroleum is the first major academic text to analyse the state-custodianship concept in South African law with emphasis on its application in mineral and petroleum law. As such, the book seeks to stimulate academic discourse about the impact of the incorporation of state custodianship in this field of law. The book considers the nature of mineral and petroleum rights in a state-custodianship model within a constitutional context. It clarifies the institutional regime change that lead to the regulatory context in which such rights now can be acquired, transferred or lost. The first chapter of Property in Minerals and Petroleum focuses on the constitutional imperatives for reform in mineral and petroleum law, and on the changing concepts of property and landownership that paved the way for transformation. Further chapters evaluate the pre-2004 mineral and petroleum law dispensation and address the current dispensation under the Mineral and Petroleum Resources Development Act (MPRDA). The section on the MPRDA focuses on the aims and objectives of the Act; the notion of state custodianship and its impact on existing property law; the meaning of the terms 'mineral' and 'petroleum'; the nature, content and regulation of rights to minerals and petroleum; the acquisition, transfer and termination of such rights; and various miscellaneous aspects that straddle existing property law principles and the regulation of minerals and petroleum.
The seventh edition of Law of delict, appearing simultaneously with the Afrikaans version thereof, was revised and updated in the seventh edition of Law of delict, appearing simultaneously with the Afrikaans version thereof, was revised and updated 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 lively debate on delictual principles that has taken place in academic and judicial circles since the appearance of the last edition, especially on the relationship between wrongfulness, negligence and legal causation. Case law was updated to the September 2014 South African law reports. 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 lively debate on delictual principles that has taken place in academic and judicial circles since the appearance of the last edition, especially on the relationship between wrongfulness, negligence and legal causation.
Transformative Property Law honours Professor AJ Van der Walt (1956-2016) - scholar, mentor, and teacher. As the first incumbent of the DST/NRF South African Research Chair in Property Law his primary research goal was to develop the theoretical foundations for the transformation of property law in post-apartheid South Africa. Covering topics that are at the forefront of global thinking on property law, Transformative Property Law consists of 20 essays by a combination of senior and young scholars from South Africa, the United States of America, the United Kingdom, Ireland, the Netherlands, Belgium, and Zimbabwe. The essays focus on the themes that Professor Van der Walt developed during the first 10 years of the research chair, namely: (a) the single system of law and subsidiarity principles; (b) the marginality principle; (c) the development of the common law of property; (d) constitutional property law; and (e) property theory. This volume also includes a list of all Professor Van der Walt's research outputs and a list of all the Masters and Doctoral students that he supervised during his career.
The Law of Landlord and Tenant revisits the law of landlord and tenant in light of the constitutional context to determine how this area of law has developed, especially since the pre-1994 era, to further constitutional goals.
The purpose of the volume is to place legislation, case law, academic analysis and policy considerations in the context of the constitutional framework within which private law rights are acquired, exercised and transferred or lost, but also add to existing academic commentary some sections of foreign law where the comparison might provide insight to the South African landlord-tenant context.
A proper understanding of the law of contract requires far more than the mere rote learning of principles extracted from cases. Contract law is a practical subject and students will understand it best by applying contractual principles to practical, life-like scenarios. Student's guide to the law of contract fosters such an approach. It is filled with examples, exercises and problem-setting questions that increase gradually in level of complexity. This will facilitate discussion in study groups and during lectures. Spaces for the completion of exercises and summaries of prescribed cases enable students to engage actively with the learning material in one basic source. Student's guide to the law of contract can be used by lecturers as a primary teaching tool for undergraduate students to improve their students' knowledge and understanding of basic contractual principles, develop their ability to reason and stimulate their interest in the subject. Likewise, students will find it useful as an aid additional to lectures and more advanced contract law textbooks.
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.
South African law remains relatively silent on the legal aspects of pregnancy, and legal commentary is rather scarce too. While there have been attempts to address the gaps in the law in relation to specific issues in pregnancy, these attempts have usually favoured the individual protection of the unborn at the expense of pregnant women's agency and rights, which has given rise to a tension between female reproductive autonomy and foetal interests. In Pregnancy Law in South Africa, the author explores the question of whether it is possible to regard pregnancy in law as embodying both women and the unborn and whether the pregnancy can be construed in a way that it does not come to be framed as an adversarial relationship. Pregnancy Law in South Africa focuses on the issues of prenatal substance abuse, termination of pregnancy, violence that terminates a pregnancy, and the extension of legal personhood to the unborn. The author argues that pregnancy-related issues will never be adequately resolved unless the potential for an adversarial pregnancy relationship is removed and proposes a relational approach to pregnancy, centred on fostering relationships, in order to eliminate the potential for tension. The author contends further that a relational approach encourages imaginative and constructive possibilities for law reform efforts without sacrificing women's reproductive autonomy and rights or the recognition of the unborn. Pregnancy Law in South Africa provides a sound theoretical approach to pregnancy in law and its recommendations seek to promote healthy, rights-affirming pregnancies.
Anton Fagan has taught the South African law of delict for twenty years and has written extensively on the subject. Undoing Delict: The South African Law of Delict under the Constitution includes his ten best previously published articles and essays. They deal with a range of topics, such as wrongfulness, causation, pure economic loss, and defamation. Several of the contributions investigate the impact of the Constitution, or of certain Constitutional Court judgments, on the law of delict or a part thereof. In addition, Undoing Delict includes a previously unpublished essay in which Fagan develops a new explanation of what it means for intentional harm-causing conduct to be wrongful. Many of the views put forward in this book are controversial and their defence against contrary views is at times robust. But the aim throughout is to deepen or advance our understanding of important and interesting, and in some instances puzzling, aspects of the South African law of delict.
Kontraktereg Algemene Beginsels volg 'n analitiese benadering tot die begrippe, beginsels en reels wat op kontrakte betrekking het, en plaas terselfdertyd kontrakte en die kontraktereg in 'n breer regswetenskaplike, grondwetlike en sosiale konteks. Die krag van Kontraktereg Algemene Beginsels le in die skrywers se omvattende gesamentlike kennis van die gemeenregtelike beginsels en die filosofiese onderbou van die kontraktereg, sowel as die invloed van die Grondwet as die bron van afdwingbare sosiale waardes en openbare belang. Die resultaat is 'n werk wat 'n grondige uiteensetting en ontleding van die teoretiese grondslag en struktuur van die Suid-Afrikaanse kontraktereg kombineer met 'n bespreking van die howe se toepassing van die beginsels. Waar die reg nog nie bepaal is nie, word uiteenlopende menings beoordeel en oplossings voorgestel, soms ook met verwysing na buitelandse jurisdiksies. Die werk besin ook oor die koers wat ingeslaan behoort te word om die kontraktereg in ooreenstemming met grondwetlike norme te ontwikkel. Voorstelle word gemaak oor die rol van goeie trou in die sluiting en uitvoering van kontrakte, synde een van die moontlike grondslae vir die ontwikkeling van die gemenereg. Hierdie vyfde uitgawe van Kontraktereg Algemene Beginsels neem kennis van die jongste ontwikkelings in die kontraktereg, veral met betrekking tot die uitwerking van grondwetlike jurisprudensie, goeie trou en nuwe wetgewing oor kontrakte, in die besonder die Wet op Verbruikersbeskerming. Die skrywers bespreek die jongste hofbeslissings om die betrokke regsbeginsels en wetlike bepalings te verduidelik.
Part of the Juta's Property Law Library series, Land Reform covers all legal developments spanning the first phase or exploratory land reform programme that was embarked upon in 1991, followed by the all-encompassing land reform programme that coincided with the constitutional dispensation, until July 2013. Land reform is approached with reference to its various contexts, drawing the broad categories of state land and private land that are further subdivided into urban and rural contexts, where relevant. All relevant legislative measures and policy documents are set out and major court decisions are analysed accordingly.
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