Chapter

Original Acquisition of Ownership

C. G. Van Der Merwe

in Southern Cross

Published in print November 1996 | ISBN: 9780198260875
Published online March 2012 | e-ISBN: 9780191682162 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198260875.003.0022
Original Acquisition of Ownership

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This chapter discusses the historical development of three modes of acquisition of ownership in South African law: prescription, the occupation of wild animals, and specification. These have been chosen because each was moulded by different influences. The institution of prescription — especially the requirement of possession for acquisitive prescription — was initially profoundly influenced by English law. Occupation of wild animals developed in fairly stereotypical fashion in accordance with Roman and Roman-Dutch principles until special legislation was introduced to protect the game-farm industry. The rules relating to specification proved so old-fashioned that academic writers and a judge of the Supreme Court, albeit only in an obiter dictum, have endeavoured to steer this institution in a new direction.

Keywords: South African law; ownership acquisition; prescription; occupation of wild animals; specification

Chapter.  12195 words. 

Subjects: History of Law

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