n South African Law Journal - Quasi-usufruct and shares : some possible approaches

Abstract

The approach of the South African courts to the question whether a share can be subject to a quasi usufruct-as exemplified in the decision in <I>Cooper v Boyes NO&lt;/I&gt; 1994 (4) SA521 (C)-is analysed in this article. It is argued that, if one distinguishes properly between the notions of consumable and fungible property, and if one has proper regard to the nature of a share in modern South African law, it is possible to conclude (depending on the kind of share that is involved) that a quasi-usufruct may be established in regard to shares in certain circumstances.