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The Consequences of Possession$
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Eric Descheemaeker

Print publication date: 2014

Print ISBN-13: 9780748693641

Published to Edinburgh Scholarship Online: May 2015

DOI: 10.3366/edinburgh/9780748693641.001.0001

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The Protection of Quasi-Possession in South African Law

The Protection of Quasi-Possession in South African Law

Chapter:
(p.185) 9 The Protection of Quasi-Possession in South African Law
Source:
The Consequences of Possession
Author(s):

Descheemaeker Eric

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9780748693641.003.0009

Property law in South Africa is strongly based on Roman law, where a strict divide between ownership and possession was followed. In South Africa possession is protected by the mandament van spolie (spoliation order) which has its roots in canon law. However possessory doctrine rests on its Roman foundations. Quasi-possession refers to the possession of rights (real or personal). A strict divide is made between the petitory and possessory trials. During the possessory trial the court does not consider the rights of the parties. However the Supreme Court of Appeal has lately, to a certain extent, started to do so in the case of the protection of quasi-possession. This chapter examines these developments against the historical background of the development of South African law.

Keywords:   South African law, canon law, mandament van spolie, spoliation order, quasi possession

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