Prescription in South African Law
Prescription in South African Law offers clear and practical guidance on the many aspects of the law of prescription in South Africa.
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Product description
Prescription in South African Law offers clear and practical guidance on the many aspects of the law of prescription in South Africa.
It is the only work of its kind in its field in South Africa. Attorneys and advocates will be able to find, in one publication, an easily accessible and understandable compendium of the South African law of prescription which will assist them in the day-to-day application of this branch of the law in their various practices.
Available in print and online format. Print updates are billed on a pay-as-you-go basis. Online format must be added to a Lexis+ base package. Visit www.lexisnexis.co.za/lexisplus for more information.
Table of contents
Introduction
General
Reasons for prescription
Statutory enactments
The common law
Other statutory time limitations
The constitutionality of time bars and prescriptive periods
Acquisitive prescription
Preamble
The acquisition of ownership
The elements of acquisitive prescription
Servitudes
Non-running of acquisitive prescription
Extinctive prescription
The common law: General
Extinctive prescription under the 1943 Act
Extinctive prescription under the 1969 Act
Prescription of claims falling under MVA legislation
Introduction
Prescription of claims under the 1972 Compulsory Motor Vehicle Insurance Act
Prescription of motor vehicle accident claims under the 1986 Act
Prescription of claims under the 1989 Act
Prescription of claims under the 1996 Act
Miscellaneous prescription and time limitation - statutes, provisions and laws
Introduction
The Institution of Legal Proceedings against certain Organs of State Act 40 of 2002
Constitutionality of certain time-limitation provisions
Apportionment of Damages Act
South African Police Service Act
Insurance Act
Defence Act
Correctional Services Act
Public Service Proclamation
Merchant Shipping Act
Compensation for Occupational Injuries and Diseases Act
Customs and Excise Act
National Roads Act
Expropriation Act
Expropriation (Establishment of Undertakings) Act
National Water Act
National Parks Act
Mental Health Act
Archives Act and National Archives of South Africa Act
Education and Training Act
General Law Amendment Act 62 of 1955
Review Proceedings
Superannuation
Nuclear Energy Act
Criminal Procedure Act
Moratorium Act
Intelligence Services Act
Pension Fund Act
The conflict of laws and prescription
Introduction
The characterisation of prescription by the courts
Summary of principles and approaches
