Product Description
Extinctive Prescription (2nd edition)
Author: MM Loubser
Format: Physical Hardcopy
This second edition of Extinctive Prescription aims to reflect the law as developed by judgments and statutory changes over a period of more than twenty years since the publication of the first edition.
The principles of extinctive prescription have been scrutinised by the courts in numerous reported cases over this period, including prominent judgments of the Constitutional Court dealing with the justification for extinctive prescription, the concept of ‘debt’, and the knowledge requirement for prescription to begin to run.
This edition also examines the principles governing the co-existence of the 1969 Prescription Act and prescription or time limitation provisions in other statutes, with reference to certain prominent examples. A new chapter 12 deals with procedure. Reported cases continue to illustrate the practical importance of extinctive prescription and the thorough analysis of theory and policy required for its application.
Contents:
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Table of Cases
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Table of Statutes
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Chapter 1: History, Theory and Policy of Extinctive Prescription
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Chapter 2: Application of Extinctive Prescription: The Concept of ‘Debt’
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Chapter 3: Prescription Periods Provided for in the Prescription Act 68 of 1969
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Chapter 4: Beginning of the Prescription Period
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Chapter 5: Suspension and Delay of Prescription
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Chapter 6: Interruption
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Chapter 7: Extinctive Prescription and Counterclaims
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Chapter 8: Waiver of Extinctive Prescription
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Chapter 9: Calculation of Time
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Chapter 10: The Prescription Act and other Prescription or Time Limitation Provisions
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Chapter 11: Prescription and the Conflict of Laws
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Chapter 12: Procedure
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Annexures:
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Prescription Act 68 of 1969
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Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002 (This Act has been updated to include all available historical commencement details)
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Consumer Protection Act 68 of 2008
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National Credit Act 34 of 2005
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