Chapter

Possession

Duard Kleyn

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/9780198260875.003.0026
Possession

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As far as general possessory theory is concerned (for example the theory in regard to the acquisition, retention, and loss of possession) South African authors have always relied heavily on Roman law and its interpretation by Roman–Dutch and other Western European ius commune authorities. On the other hand, the only true possessory remedy in force today is the mandament van spolie (or spoliation order). This canon law remedy was received in South Africa as part of Roman-Dutch law, although it has subsequently experienced a number of modifications. This chapter first highlights some aspects of the history of general possessory theory. It then deals with the history of the protection of possession.

Keywords: South African law; Roman-Dutch law; general possessory theory; mandament van spolie; ius commune

Chapter.  14244 words. 

Subjects: History of Law

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