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Mixed Legal Systems in Comparative PerspectiveProperty and Obligations in Scotland and South Africa$
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Reinhard Zimmermann, Kenneth Reid, and Daniel Visser

Print publication date: 2005

Print ISBN-13: 9780199271009

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199271009.001.0001

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Acquisition of Ownership

Acquisition of Ownership

(p.671) 22 Acquisition of Ownership
Mixed Legal Systems in Comparative Perspective




Oxford University Press

This chapter focuses on the law of corporeal property in Scotland and South Africa. Corporeal property is divided into movable and immovable categories. Scots law, in applying the label ‘heritable’ to the latter, reflects an indigenous common law feature of the law of succession. In both systems, the modes of acquisition of property are classified on the basis of the original/derivative dichotomy. The chapter begins with original acquisition. It explores the far-reaching differences in the law concerning acquisitive prescription, and outlines and compares aspects of occupation and accession as well as the composite area of specification/commixtion/confusion. In the life-blood area of derivative acquisition the emphasis is on the transfer of ownership in corporeal movables. Attention is given to whether the Sale of Goods Act 1979 has shifted the development of Scots law from a civilian form, an associated issue — and apposite comparator — being the viability of South Africa's Romanist-based development.

Keywords:   law of corporeal property, Scots law, South African law, property acquisition, original acquisition, derivative acquisition, Sale of Goods Act

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