oa Comparative and International Law Journal of Southern Africa - Possession and policy in a modern civil law system

Volume 16, Issue 3
  • ISSN : 0010-4051



A legal system nurtured by the Roman law tradition and demonstrating sensitivity to modern social needs and priorities, is typified by the legal system of the Republic of South Africa. The purpose of this article is to examine prominent trends in the South African law of property which provide an insight into the development of judicial approaches and attitudes, appropriate to the modern environment, within the framework of Roman and Roman-Dutch jurisprudence. Possessory remedies, acquisitive prescription and compensation for improvements have been selected as representative aspects of the modern law exemplifying the interpretation of a fundamental legal concept in conformity with policy objectives applicable to different branches of the law of property.

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