What is it about?
The question in this case is whether or not the SCA has recognised a new property right and thus extended the numerus clausus of property rights. The article answers this question in the positive.
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Why is it important?
Over the past decades a discussion has been held over whether or not systems of property law operate a closed system of property rights (numerus clausus). Possibilities to recognize new types of property rights are rare and should be brought to a wide audience.
Perspectives
In this contribution I share my insights into numerus clausus theory and practice.
Prof. dr. Bram Akkermans
Faculty of law maastricht university
Read the Original
This page is a summary of: Embargo – a new property right in South African Law: Willow Waters Homeowners Association (PTY) Ltd v Koka (768/13) [2014] ZASCA 220, European Property Law Journal, January 2015, De Gruyter,
DOI: 10.1515/eplj-2015-0007.
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