The constitutional protection and regulation of property and its influence on the reform of private law and landownership in South Africa and Germany : a comparative analysis
Author(s)
Bibliographic Information
The constitutional protection and regulation of property and its influence on the reform of private law and landownership in South Africa and Germany : a comparative analysis
（Beiträge zum ausländischen öffentlichen Recht und Völkerrecht, Bd. 154）
Springer, c2002
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Library, Institute of Developing Economies, Japan External Trade Organization図
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Note
Includes bibliographical references (p.[599]-639) and index
Rev. version of the author's thesis (doctoral)--University of Stellenbosch, 2000
Description and Table of Contents
Description
The degree to which the traditional concept of property can be adjusted in order to accommodate basic constitutional concepts such as freedom and social duty, is analysed by the author. The focus is placed on recent reforms in the land law of Germany and South Africa. Remarkable similarities in the history, structure and interpretation of German and South African property law and constitutional law are indicated and a link between private law, constitutional law, land reform and legal comparison is established. This is of particular significance for the implementation of the constitutional objectives of land reform by the South African judiciary and legislature. It furthermore provides an overview of the intricate system of constitutional property protection that has been developed in German law.
Table of Contents
Research Question, Terminology and Methodology * Background to the Constitutional Protection of Property in Germany and South Africa * The Constitutional Inquiry into Property Protection and its Relevance for the Existing Property Order * The Influence of Social Reform on Land Law in Germany and South Africa.
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