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Property Law - Perspective on Property Law - Chapter 1 - Coggle Diagram
Property Law - Perspective on Property Law - Chapter 1
The Principles of Property Law in South Africa
There is only one system of law shaped by the Constitution which is the supreme law, and all law, including the common law, derives its force from the Constitution and is subject to constitutional control.
Property in the legal, technical sense means rights - rights of people in or over certain objects or things.
The term property signifies the right of ownership in a legal object.
Property includes tangible objects and incorporeal objects.
The Constitutional Property Clause denotes all the legal relationships that qualify for constitutional protection, even though they do not necessarily amount to the right of ownership.
Functions of property law:
The social function of property law is to manage the competing interests of persons who acquire and enjoy property interests.
Property rights stem from the Constitution, and can be limited in terms of the Constitution.
To harmonise different individual interest in respect of property.
The law protects property and freedom to enjoy it, but persons with freedom are bound by the duties it entails.
Property law is regarded as part of the patrimonial law. Patrimonial law refers to the law that deals with the assets or estate of an individual.
Private law
Patrimonial law
Law of property
Law of succession
Law of obligation
Contract
Delict
Law of persons and the family
The formal function of property law is to regulate the relationships between individuals regarding certain objects and the rights and obligations that arise from these relationships.
Persons bear capacities, rights, entitlements and duties.
A legal object is anything in respect of which a person may hold a right.
Things - res
The state prescribes the manner in which land may be transferred by way of the registration of certain documents in the Deeds Registry.
The doctrine of subjective rights forms the basis of the civil-law concept of ownership.
The Pandectist method of scientific systematisation resulted in ownership being depicted as a universal, timeless, abstract, and logical concept.
The Group-Areas Act fragmented the country into areas designated for the so-called white, black, indian and coloured race or ethic groups.
The Constitution protects property as a fundamental right and prescribes the circumstances under which property may be regulated or expropriated in the hands of private owners.
Section 26 of the Constitution provides for access to housing as a separate fundamental right.
The White Paper on SA Land Policy sets out the targets for reform. The four objectives for reform are:
To redress the injustices of Apartheid.
To foster national reconciliation and stability.
To underpin economic growth.
To improve household welfare and alleviate poverty.