M. J. De Waal

in Southern Cross

Published in print November 1996 | ISBN: 9780198260875
Published online March 2012 | e-ISBN: 9780191682162 | DOI:

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This chapter analyzes the following core elements of the law of servitudes: the definition of the concept of a servitude and the classification of servitudes; the requirements for the establishment of praedial servitudes; the contents and the development of specific rural and urban praedial servitudes; and lastly, certain aspects concerning personal servitudes (with the emphasis on usufruct, the most important personal servitude). In the analysis of each of these core elements the Roman-Dutch law is, as a point of departure, briefly sketched. Against this background further development in South African law is then traced. The influence, if any, of English law on these elements is also monitored.

Keywords: South African law; law of servitudes; praedial servitudes; Roman-Dutch law

Chapter.  17058 words. 

Subjects: History of Law

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