Transformative Property Law

Festschrift in honour of AJ van der Walt

Product Attributes

  • Soft Cover
  • 9781485128915
  • 1st Edition
  • 588 Pages
  • 2018


Muller, G (Editor) ; R Brits (Editor) ; Slade, B V (Editor) ; Van Wyk, J (Editor) ; Pienaar, GJ (Managing Editor)

2018 - 1st Edition

R 795.00

About this Publication:

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.

Contents Include:

  • Move along to where? Property in service of democracy – Timothy M. Mulvaney and Joseph William Singer
  • The marginality of property in expropriation law: A comparative assessment – Bradley V. Slade and Rachael Walsh
  • Race and property – Gregory S. Alexander
  • Section 21 of the Insolvency Act and the final Constitution’s property clause: Revisiting Harksen v Lane NOReghard Brits
  • Tenure security and the reform of servitude law – S Viljoen and J Strydom
  • A constitutional vision for property: Shoprite Checkers and beyond – Frank I. Michelman and Ernst J. Marais
  • The proprietary consequences of estoppel in light of section 25(1): Testing Van der Walt’s hypotheses – Zsa-Zsa Boggenpoel and Clireesh Cloete
  • Property, sharing and identity: Applying André van der Walt’s theory of property and social justice in Northern Ireland – Lorna Fox O’Mahony
  • The closeness of property – Wian Erlank
  • Squatting in the Low Countries: On the conflict between ownership and housing – Vincent Sagaert and Koen Swinnen
  • Constitutional reasons for developing the common-law security obligation of usufructuaries in terms of the right of access to housing – Lizette Grobler and Gerrit Pienaar
  • The development of the social function of ownership: Exploring the pioneering efforts of Otto von Gierke and Léon Duguit – Lars van Vliet and Agustín Parise
  • Property in law – Priviledge Dhliwayo and Rashmi Dyal-Chand
  • The impact of recent EU conflicts of law regulations on land registration – Sjef van Erp and Katja Zimmermann
  • Application of single system of law and subsidiarity: Constitutional damages as effective relief within the eviction paradigm – Juanita M. Pienaar and Tina Kotzé
  • Ubi remedium, ibi ius: Trespass and the right to exclude – Emma J.L. Waring
  • Fault-lines in the settler colony: On the margins of settled law – Brenna Bhandar
  • Regulation at the edge of the property concept: Judicial treatment of intangible interests – Mikhalien du Bois and Richard M. Shay
  • Reflections on the single system of law principle with reference to the regulation of property and the right to just administrative action – Geo Quinot and Elsabé van der Sijde
  • A supervening lack of utility and the judicial shift toward ex post controls in South African servitude law: A critical analysis of Pickard v Stein 2015 (1) SA 439 (GJ) – Warren Freedman
  • List of Postgraduate Students Supervised by AJ van der Walt
  • List of Publications by AJ van der Walt
  • Table of Cases
  • Legislation

Of Interest and Benefit to:

  • Subject specialists
  • Researchers
  • Advanced students
  • Practitioners
  • The judiciary