Research Articles (Mercantile Law)
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Browsing Research Articles (Mercantile Law) by Subject "acquisition of ownership -- South Africa"
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- ItemThe constitutionality of acquisitive prescription : a section 25 analysis(Juta Law, 2012-01) Van Der Walt, A. J.; Marais, E. J.Acquisitive prescription (“prescription”) is one of the original methods of acquisition of ownership in South African law. No assistance is required from the original owner; ownership vests in the possessor ex lege the moment he satisfies all the requirements for prescription. Prescription law was first consolidated by the Prescription Act 18 of 1943 (the 1943 act), but the Prescription Act 68 of 1969 is now the main authority in this context. The common law still remains an important source, as neither of the prescription acts codifies this field of law.