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.

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 Persons in South Africa offers a clear and accessible introduction to the principles of the law of persons.

The text is thoroughly updated to reflect common law developments within the field. The second edition also introduces a focus on transformative constitutionalism, as it relates to status, together with a more integral and expanded synthesis of common law and African customary law. 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. The text is directed at undergraduate modules in the law of persons, within the LLB degree programme.

New to this edition:

• The text and features are updated, to reflect legal developments that have occurred within the recent period;
• The second edition includes a new chapter addressing transformative constitutionalism, as it relates to status;
• The second edition reflects a more integral and expanded synthesis of common law and African customary law, throughout;
• Material relating to surrogacy and curatorship now reflects additional substantive matter, to support comprehension of the material;
• Where relevant, legal ethics, social justice, problem solving and comparative aspects of law are foregrounded, at the appropriate level;
• The text's unique pedagogical design strengthens the development of readers' skills in critical and reflective engagement with the subject matter;
• To support educational outcomes, teaching and learning material is enriched and expanded

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.

This new edition of Meyerowitz on Administration of Estates and their Taxation was necessitated by the large number of reported and unreported judgments relating to the law of succession, the administration of estates, and trust law that have been delivered since the last edition was published in 2010. Important statutes and statutory amendments have also been passed since 2010. These include the Reform of Customary Law of Succession and Regulation of Related Matters Act, which regulates customary succession matters.

Judgments have also been delivered in relation thereto. The amendments to the Trust Property Control Act is also addressed. The calculation of income tax and capital gains tax, which has been materially altered by amendments to the Income Tax Act, is also addressed. Furthermore, the book also covers the Tax Administration Act, which has repealed numerous sections of the Estate Duty Act.

A chapter on the maintenance of surviving spouses has been added, the chapter on curators has been revised, and the many Master’s Directives have been integrated into the content of the book. The examples of Liquidation and Distribution accounts have been revised and updated to accord with the latest legislative measures. Every effort has been made to make the book more user-friendly. Meyerowitz on Administration of Estates and their Taxation remains a comprehensive source of reference for both the practical and analytical sides of estate administration and the taxes relating thereto for attorneys, advocates, fiduciary practitioners, the judiciary, and the Master.

Key Features

• The most relevant and up-to-date commentary on the administration of estates
• An everything-you-need-to-know work on the administration of estates
• An in-depth discussion of the taxes applicable to deceased estates
• Sample liquidation and distribution accounts and examples of calculations.of estate duty for numerous scenarios

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.

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.

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.

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.

Sectional Titles and Other Fragmented Property Schemes aims to describe the different forms of urban fragmented property schemes introduced by legislation. Therefore, the functioning of the management bodies of such schemes and the nature and effect of management and conduct rules are emphasised to indicate to what extent the idea of urban fragmented property holding has changed the property concept in the new constitutional dispensation in South Africa.

Relevant case law, new legislative developments, especially the amended Sectional Titles Act 95 of 1986, the Sectional Titles Schemes Management Act 8 of 2011, the Community Schemes Ombud Service Act 9 of 2011 and the Companies Act 71 of 2008, are discussed comprehensively to indicate how fragmented property schemes are governed and how disputes regarding use rights of individual sections and the common property of such schemes are solved.

Juta’s Property Law Library is aimed at revisiting and reassessing the whole of South African property law, which includes uncodified common law that is mostly embodied in case law, academic writing and legislation, to establish:

• how each aspect of property law was influenced by apartheid law;
• its response to the new constitutional dispensation (including land reform), and;
• whether it can make a contribution towards the transformation of South African law and society.

For this purpose, Juta’s Property Law Library will eventually consist of a number of monographs, each of which is focused on a specific aspect of property 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.

This accessible textbook provides an introductory guide to tort law, with a structured explanation of the key concepts and doctrines. Using a comparative approach, the discussion is illustrated with case law and provisions from three key jurisdictions: England, France and Germany. With liberal reference to other codes and cases from around the world, the book gives readers a contextual understanding and will appeal to classes with a global outlook. Key Features: Examples of different solutions show how tort law is implemented in a variety of jurisdictions Direct comparison of legal systems helps readers to match different kinds of property or damage in civil and common law systems Translated provisions from codes and statutes facilitate access to the systems of French and German law in particular Clarification of corresponding concepts and terminology, as well as guidelines and examples to help readers find their way in a legal environment that is not restricted to a single jurisdiction Introductory guidance to tort law systems outside Europe Providing readers with a working knowledge of major tort law systems as well as a greater understanding of the main concepts in tort law, this textbook will be an important resource for both undergraduate and postgraduate students.