Law research

Permanent URI for this collectionhttps://hdl.handle.net/2164/561

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Real Rights: Practical Problems and Dogmatic Rigidity
(Edinburgh University Press, 2005) Paisley, Roderick
Scots law has a numerus clausus of real rights in relation to land. The structure fosters clarity and precision and gives the Scottish system of landholding great stability and predictability. Yet it may be that these strengths have been bought at the expense of inflexibility and injustice to individuals wishing to own land and enjoy rights in land. This article seeks to show that the Scottish system of real rights is much more flexible and responsive to changes in societal and commercial needs than is often appreciated, and that Scottish land law is not a slave to dogmatic rigidity.
Numerus Clausus and the Development of New Real Rights in South Africa
(2005-11-04T11:20:26Z) Merwe, Cornelius van der
This paper provides a general background to the development of real rights in South Africa, provides illustrations of the recognition of new real rights within the traditional categories, and suggests how the present problem can be clarified.