n Stellenbosch Law Review = Stellenbosch Regstydskrif - The adaptation of the institution of apartment ownership to civilian property law structures in the mixed jurisdictions of South Africa, Sri Lanka and Louisiana
|Article Title||The adaptation of the institution of apartment ownership to civilian property law structures in the mixed jurisdictions of South Africa, Sri Lanka and Louisiana|
|© Publisher:||Juta Law Publishing|
|Journal||Stellenbosch Law Review = Stellenbosch Regstydskrif|
|Author||C.G. Van der Merwe|
|Publication Date||Jan 2008|
|Pages||298 - 313|
This study investigates the reformulation of the concept "ownership" in three mixed jurisdictions, in order to accommodate and legitimize the institution of apartment ownership in legal systems where the maxim superficies solo cedit militated against the possibility of separate ownership. Social and legal policy considerations compelled South Africa, Sri Lanka, and Louisiana to promulgate statutes, based on common law legislation and accompanied by "alien" terminology, to regulate apartment ownership. The mixed jurisdictions concerned were confronted with the difficult task of clearing these newly imported laws of inappropriate vocabulary. Moreover, they had to incorporate the novel institution of apartment ownership into a civilian property law structure, which law is generally regarded as an unassailable domain of civilian jurisprudence in mixed legal systems. This study thus aims to illustrate how the civilian concepts of accession, ownership and co-ownership, and the law relating to voluntary associations, have been transformed, qualified and / or adapted to accommodate the novel institution of apartment ownership.
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