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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:
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.
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.
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