n Tydskrif vir die Suid-Afrikaanse Reg - The application of the to constitutional and statutory rights
2012 4 SA 207 (SCA) : regspraak

Volume 2015, Issue 1
  • ISSN : 0257-7747
  • E-ISSN: 1996-2207



Like Roman-Dutch law, modern South African property law draws a distinction between petitory and possessory remedies. As Kleyn has pointed out, petitory remedies () are those that are aimed at protecting a person's right to a thing, while possessory remedies () are not. Instead, they are aimed at protecting a person's factual possession of a thing (see Kleyn "Possession" in Zimmermann and Visser (1996) 818 821).

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