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South African property law regulates the "rights of people in or over certain objects or things." [1] It is concerned, in other words, with a person's ability to undertake certain actions with certain kinds of objects in accordance with South African law. [2] Among the formal functions of South African property law is the harmonisation of ...
The South African law of sale is an area of the legal system in that country that describes rules applicable to a contract of sale (or, to be more specific, purchase and sale, or emptio venditio ), generally described as a contract whereby one person agrees to deliver to another the free possession of a thing in return for a price in money.
The South African law of lease is an area of the legal system in South Africa which describes the rules applicable to a contract of lease (or letting and hiring, Lat locatio conductio, Afrik huur en verhuring ). [1] : 906 This is broadly defined as a synallagmatic contract between two parties, the lessor and the lessee, in terms of which one ...
The law of conveyancing in South Africa refers the legal process whereby a person, company, close corporation or trust becomes the registered and legal owner of immovable property, including improved and unimproved land, houses, farms, flats and sectional titles, as well as the registration of bonds and other rights to fixed properties, including servitudes, usufructs and the like.
As a general rule, South Africa follows English law in both criminal and civil procedure, company law, constitutional law and the law of evidence; while Roman-Dutch common law is followed in the South African contract law, law of delict (tort), law of persons, law of things, family law, etc. With the commencement in 1994 of the interim ...
South African contract law is "essentially a modernized version of the Roman-Dutch law of contract ", [1] and is rooted in canon and Roman laws. In the broadest definition, a contract is an agreement two or more parties enter into with the serious intention of creating a legal obligation. Contract law provides a legal framework within which ...
v. t. e. The Parliament of the Republic of South Africa is South Africa 's legislature; under the present Constitution of South Africa, the bicameral Parliament comprises a National Assembly and a National Council of Provinces. [2] [3] [4] The current twenty-seventh Parliament was first convened on 22 May 2019.
"Property" in this context is defined to include "movable or immovable property wherever situate in South Africa." It includes a right of action, unless the action is one that the insolvent is permitted to institute. It also includes property that is, or the proceeds of property that are, in the hands of a sheriff under a writ of attachment.