oa Comparative and International Law Journal of Southern Africa - Sanctions in terms of the South African Sectional Titles Act and the German Wohnungseigentumgesetz: should the South African statute be given equally sharp teeth?
|Article Title||Sanctions in terms of the South African Sectional Titles Act and the German Wohnungseigentumgesetz: should the South African statute be given equally sharp teeth?|
|© Publisher:||Institute of Foreign and Comparative Law|
|Journal||Comparative and International Law Journal of Southern Africa|
|Affiliations||1 Private and Roman Law, University of Stellenbosch|
|Publication Date||Mar 1993|
|Pages||85 - 97|
|Keyword(s)||Apartment ownership obligations, Apartments, Germany, Sectional title schemes, Sectional Titles Act, South Africa and Wohnungseigentumgesetz|
In this article sanctions in terms of the Sectional Titles Act in South Africa will be compared with sanctions in terms of the Wohnungseigentumsgesetz as applied in Germany. Since the South African statute is constantly criticised as a statute without teeth, and since existing sanctions are regarded as ineffective to secure financial stability and social harmony, a large part of this article will be devoted to the German sanction in terms of which a chronic troublemaker can in appropriate circumstances be compelled to sell his apartment. In the light of this sanction it will finally be considered whether a similar mechanism should be introduced in South African law.
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