Protean Scholar: Essays in Honour of Professor Gerrit Pienaar

Product Details:
Author(s):
Pienaar, J ,
Wiese, M and
Horn, JG
Year Published:
2024
Edition
1st
Type:
Print | Soft Cover
Language:
English
About this publication
The multi-dimensional and inspiring academic career of Gerrit Pienaar has influenced legal scholarship, legal practice and academia for more than four decades. He is the epitome of a “protean scholar” as evidenced by the versatile contributions that he has made to the law, especially the various dimensions of property law in South Africa. Inspired by the ongoing legacy of Gerrit Pienaar this is a first edition of a variety of academic essays written in his honour. As a tribute to a multi-dimensional and versatile career, this book features a variety of topics: i.e. communal land rights, land reform and tenure security, land registration, development and application of general common law principles of property law, as well as a broader scope of topics, such as estate planning and property law options in outer space. All contributions embody original research, by various well-regarded experts in each field.
As the book is a specialised product, containing advanced research, the intended audience is specialists within the broad field of Property Law. In this regard, this publication will be useful to legal practitioners. Additionally, post-graduate students, and researchers in the field of property law will also be able to use this book as an important, relevant, and authoritative research source on the different fields of property law that will be explored. The book can be used by judges who require further research to support their judgments. Finally, the book will be a useful resource to academics writing on these specialised and varied topics to support further legal research and development, including policy-making.
 
Content
Tributes to Professor Gerrit Pienaar 
Preface 
CHAPTER 1: Integrating land administration into South Africa’s land reform programmes and property law system to promote tenure security, with specific focus on the recording of land rights
CHAPTER 2: Communal land tenure: Past, present and future – Accommodating division and allocation of land in the context of development with reference to the Limpopo Province in South Africa and other African jurisdictions
CHAPTER 3: The constitutional promise of land reform: A legislative approach to selected customary land tenure issues
CHAPTER 4: ESTA, farm workers and the right to family life: Contemporary considerations and recent developments
CHAPTER 5: Limiting ownership rights in favour of unlawful occupiers in South Africa: A public interest justification 
CHAPTER 6: The relationship between the rei vindicatio and the property disposal provisions of the Criminal Procedure Act 
CHAPTER 7: The role of public policy in estate planning 
CHAPTER 8: The ‘subtraction from the dominium’ test: Widely criticised, but still adequate?
CHAPTER 9: Superficies solo cedit and sectional titles in outer space – an exploratory look
Index
Interest / Benefit to
Policy makers, students and academics, researchers, legal practitioners, judges, and administrators, specialists in constitutional property law.