oa Comparative and International Law Journal of Southern Africa - The transfer of proprietary rights in shares: a South African distillation out of English roots
|Article Title||The transfer of proprietary rights in shares: a South African distillation out of English roots|
|© Publisher:||Institute of Foreign and Comparative Law|
|Journal||Comparative and International Law Journal of Southern Africa|
|Affiliations||1 Department of Law, University of Natal|
|Publication Date||Mar 1985|
|Pages||36 - 50|
|Keyword(s)||Dominium, Immovable property transfer, Ownership of shares, Proprietary rights, Shares, South African law, Transfer of ownership and Trusts|
This discussion demonstrates that the nature of ownership of shares in South African law is imperfectly understood without reference to English law. It is evident that South African law has digested the English law concept of the share with some discomfiture, as in the case of trusts, but that for the future it should be possible to pick a way past the pitfalls of English equity on one side and the theoretical rigour of the civil law on the other.
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