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Servitudes

M. J. De Waal

in Southern Cross: Civil Law and Common Law in South Africa

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198260875
eISBN:
9780191682162
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260875.003.0025
Subject:
Law, Legal History

This chapter analyzes the following core elements of the law of servitudes: the definition of the concept of a servitude and the classification of servitudes; the requirements for the establishment ... More


Servitudes and Real Burdens

REINHARD ZIMMERMANN, DANIEL VISSER, and KENNETH REID

in Mixed Legal Systems in Comparative Perspective: Property and Obligations in Scotland and South Africa

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199271009
eISBN:
9780191699481
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271009.003.0024
Subject:
Law, Comparative Law

This chapter discusses the law of servitudes in Scotland and South Africa. Praedial and personal servitudes are considered separately. For praedial servitudes, the method chosen has been to look ... More


Servitudes

M. J. De Waal

in A History of Private Law in Scotland

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198267782
eISBN:
9780191683374
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198267782.003.0007
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter focuses on servitudes. In many civilian systems, servitudes include both praedial and personal servitudes. In Scotland the position is different. Although older authorities maintain the ... More


Praedial Servitudes

Kenneth G C Reid

in Mixed Jurisdictions Compared: Private Law in Louisiana and Scotland

Published in print:
2009
Published Online:
March 2012
ISBN:
9780748638864
eISBN:
9780748651443
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748638864.003.0011
Subject:
Law, Comparative Law

There is much that is similar or the same in the law of praedial servitudes in Scotland and Louisiana, but there are also significant points of difference. This chapter is organized as follows. ... More


Servitudes: Extinction by Non-Use

Roderick R M Paisley

in Mixed Jurisdictions Compared: Private Law in Louisiana and Scotland

Published in print:
2009
Published Online:
March 2012
ISBN:
9780748638864
eISBN:
9780748651443
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748638864.003.0013
Subject:
Law, Comparative Law

This chapter examines servitudes and their extinction by non-use. The type of right investigated is limited to ‘praedial’ or ‘predial’ servitudes benefiting a plot of land, known in Scotland as ‘the ... More


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