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Catalogue Details

book cover

Property Remedies

Author
Boggenpoel, ZT
Edition
1st Edition
Year
2017
Language
English
Categories
Property, Law of, Juta's Property Law Library
ISBN
9781485126355

Summary

Status
In stock
Price
R690.00
Product Type
Print
Require shipping
Yes
Is Featured
No
On sale
No

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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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