Master the mechanics of property and obligations in Roman‑Dutch law, with clear guidance for modern readers.
This volume examines how property rights and personal obligations operate under Roman‑Dutch principles. It covers mortgages, their extinction, and procedures for sale, including parate executie and the rights of creditors. The text also situates these rules in the South African context and related jurisdictions, tracing how historical law has shaped contemporary practice.
- How mortgages end or endure, including extinction, re‑sale, and the effects of prescription.
- The concept and limits of parate executie (extrajudicial sale) and when courts intervene.
- Rank among multiple mortgagees and how private purchases affect priority.
- Practical guidance on sale in insolvency and the consequences for title and bond remedies.
Ideal for readers of legal history, property law, and South African law, this edition clarifies complex ideas with doctrinal context and cross‑jurisdictional references.