In the nature of things, an article dealing with law and art will necessarily entail to a substantial degree the projection of the latter against the backdrop of the law's restrictions and inevitably the present article will be largely so concerned. However, it is also possible - and assuredly necessary - to view the subject-matter positively against the law's attempts to afford protection to artistic and literary endeavour. The growth of interest in cultural property since the Second World War has made it increasingly evident that problems inherent in dealing with creative works require specialized rather than general solutions.
Although the legal position with regard to rights of pre-emption is, in most respects, clear in South African law, there are certain questions, some of which are of practical importance, which have not been answered. One of these is the question of whether there is any ""procedure known to our law whereby the grantee of a right of pre-emption may, iri the event of a sale to another in conflict with his rights, demand that he be allowed to step into the buyer's place"".