
Published online:
22 March 2012
Published in print:
07 November 1996
Online ISBN:
9780191682162
Print ISBN:
9780198260875
Contents
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I. Introduction I. Introduction
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II. Basis of Derivative Acquisition II. Basis of Derivative Acquisition
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1. The prerequiste of ownership 1. The prerequiste of ownership
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2. The act of transfer 2. The act of transfer
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III. Modes of Delivery of Movable Property III. Modes of Delivery of Movable Property
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1. General observations 1. General observations
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2. Clavium traditio 2. Clavium traditio
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3. Traditio longa manu 3. Traditio longa manu
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4. Traditio brevi manu 4. Traditio brevi manu
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5. Constitutum possessorium 5. Constitutum possessorium
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6. Property held by a third party 6. Property held by a third party
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IV. The Transfer of Ownership in Land IV. The Transfer of Ownership in Land
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1. Historical continuity 1. Historical continuity
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2. The Deeds Registries Act of 1937 2. The Deeds Registries Act of 1937
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3. Nature of registration 3. Nature of registration
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4. Units of land and land tenure 4. Units of land and land tenure
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V. The Requirement of Payment in Sale V. The Requirement of Payment in Sale
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VI. Conclusion VI. Conclusion
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Chapter
22. Transfer of Ownership
Get access
Pages
726–758
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Published:November 1996
Cite
Carey Miller, David L., 'Transfer of Ownership', in Reinhard Zimmermann, and Daniel Visser (eds), Southern Cross: Civil Law and Common Law in South Africa (Oxford , 1996; online edn, Oxford Academic, 22 Mar. 2012), https://doi.org/10.1093/acprof:oso/9780198260875.003.0023, accessed 29 Apr. 2025.
Abstract
This chapter discusses the law governing the transfer of ownership in South Africa. It covers the following: the basis of derivative acquisition; modes of delivery of movable property; the transfer of ownership in land; and the requirement of payment in contracts of sale. The derivative acquisition of property is well established in South African law. Future development, at least in respect of land, will be partly driven by the Constitution and concerned with the restitution, redistribution, and upgrading of rights.
Subject
History of Law
Collection:
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