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Property Law

  • Property Law

      • In the widest sense the law of property deals with ‘property’, including all assets that form part of the person’s estate. Both movable and
        immovable assets form part of property law.

        In South African law different rights in property are recognised and constitutionally protected, this includes ownership as a real right, and the
        right to property belonging to another person as a limited real right. On the other hand, a right against a person is called a creditor’s or
        personal right. This creditor’s right against a person entails that such person must do something, refrain from doing something, pay someone
        money, or give someone something.

        All the rights mentioned above are property rights in the sense that they form part of a person’s estate.

        Sources of property law:

        • common law – the role and value of common law rules must be applied with great care and circumspection in every case;

        • legislation – the Constitutional Court has the authority to evaluate both old and new laws of property and to declare them invalid if
        they are in conflict with the Constitution;

        • case law – prior decisions of high courts form an important source of the law of property;

        • customary law – the value and authority of the customary law principles regarding property law rights must be upheld and
        promoted in the current law of property, but at the same time they must be re-evaluated with due regard to Constitution, especially with regard to equality;

        • Constitution – all sources of property law must be interpreted and applied with due regard to the spirit and objectives of the
        Constitution, 1996.

        ___________________________________________________________
        Hi, I’m Kailash Pillay, an attorney from the city of Johannesburg. My passion for the law
        stems from a desire to improve upon the lives of the vulnerable who fall prey to a
        corrupt system.
        I studied at the University of Johannesburg where I obtained my Bachelor of Laws
        degree, the starting point to the long journey of becoming a legal practitioner.
        This profession has taught me to persevere through the complexities of the law and to
        continually develop my skills as a legal professional.