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Property remedies (Paperback)
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Property remedies (Paperback)
Series: Juta's Property Law Library
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The new constitutional order has brought about substantial changes
to the application of property remedies in South African law.
Property Remedies investigates the ways in which various property
remedies have been developed by the courts. The book shows that the
transformation of remedial possibilities needs to be informed by
different contexts. The book argues that it is important to
consider this jurisprudential challenge in developing property
remedies that are suited to a new constitutional order based on a
single system of law. Property Remedies covers the traditional
common-law remedies used to protect property interests, such as the
rei vindicatio, the actio negatoria, the mandament van spolie, the
possessory action, the actio legis aquiliae, compensation for
improvements, the prohibitory interdict and the declaratory order.
The book also discusses constitutionally inspired property remedies
such as compensation for expropriation, constitutional damages and
non-expropriatory compensation for lawful state action. The book
offers guidance on how to deal with the tension between preserving
the existing common-law remedies, accommodating new statutory
interventions and developing the current system of property
remedies in line with the Constitution.
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