Extinctive Prescription

Extinctive Prescription

Product Attributes

  • Hard Cover
  • 9780702137174
  • 1st Edition
  • 239 Pages
  • 1996


Loubser, MM


Civil Procedure


R 700.00

Extinctive Prescription

About this Publication:

This book examines all aspects of this important area of the law. It provides a holistic examination of extinctive prescription – the theory, the policies and the practical application. It also contains critical analyses of important questions, such as whether prescription brings about the extinction of a debt; the concept of a debt as the subject matter of extinctive prescription, and the relationship between extinctive prescription as governed by the Prescription Act and the other prescription periods or limitation periods. The chapters covering the application periods of extinctive prescription provide the practitioner with a comprehensive and detailed text in which the practicalities – the beginning of prescription as well as its suspension, interruption and waiver – are discussed.

Contents Include:

  • History, theory and policy of extinctive prescription
  • Application of extinctive prescription: The concept of ‘Debt’
  • Prescription periods provided for in the Prescription Act 68 of 1969
  • Beginning of the prescription period
  • Suspension and delay of prescription
  • Interruption
  • Extinctive prescription and counterclaims
  • Waiver of extinctive prescription
  • Calculation of time
  • Extraordinary prescription or limitation periods (vervaltermyne)
  • Prescription and the conflict of law

Of Interest and Benefit to:

  • Legal practitioners
  • Academics