Abstract
Ownership as mother right has the unique qualification that in principle it has an unlimited duration. Limited real rights (eg servitudes or real security rights such as mortgages or pledges) are per definition always limited in duration. No legal system should provide for a mortgage bond of undefined and unlimited duration; that is also the position with a usufruct or habitatio that will come to an end - at the latest - with the demise of the holder of the limited right. The qualification "limited" does not merely apply to the limited entitlements of the holder of the right but also to the fact that sometime in future the consequential limitation placed by this right on the entitlements of the owner should end and the owner as holder of the mother right should automatically once more enjoy the unlimited entitlements of this real right. This principle is perceived to be covered by the "holy principle" known as perpetuum et simplex.
| Translated title of the contribution | The acquisition or loss of ownership is never conditional on a time limit - The implications for an abortive expropriation |
|---|---|
| Original language | Undefined/Unknown |
| Pages (from-to) | 601-625 |
| Number of pages | 25 |
| Journal | Tydskrif vir die Suid-Afrikaanse Reg |
| Issue number | 4 |
| Publication status | Published - 2011 |
ASJC Scopus subject areas
- Law