n Comparative and International Law Journal of Southern Africa - Liens in comparative perspective : South African law and Dutch law before and after the enactment of the current

Volume 46, Issue 2
  • ISSN : 0010-4051



South African law distinguishes between enrichment liens and debtor and creditor liens. The former are generally classified as real rights and the latter are not. This position is similar to the position in Dutch law before the enactment of the current BW, where (liens) were divided into and . The former enjoyed real operation while the latter did not. Even though most authors are of the opinion that neither nor qualified as either real or personal rights, there were some authors who regarded as real rights. The current did away with the uncertainty regarding the nature of a lien. There is no longer a distinction between different types of lien. Article 3:290-3:295 deals with and classifies a lien as a (right of redress) and a specific (right to suspend).

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