n South African Law Journal - Quasi-usufruct and shares : some possible approaches
|Article Title||Quasi-usufruct and shares : some possible approaches|
|© Publisher:||Juta Law Publishing|
|Journal||South African Law Journal|
|Publication Date||Jan 2006|
|Pages||126 - 146|
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</I> 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.
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