Monetary Entitlements in Property: Real Rights or Personal Rights?

  • Katherin Pillay

Abstract

Obligations in respect of one’s own property gives rise to the question of whether the advantageous party has a personal or real right against the owner. A third party is said to have a limited real right in an owner’s property if the owner is deprived of any aspect in respect to his property – this is the theory behind the subtraction from the dominium rule. The argument is made that much like one would be entitled to fruits of his neighbour’s tree, constituting a limited real right according to Roman Law, monetary entitlements which are created by virtue of the land and, which is prevalent to an economic and industrial society should in certain circumstances too, create limited real rights.

Published
May 1, 2015
How to Cite
PILLAY, Katherin. Monetary Entitlements in Property: Real Rights or Personal Rights?. Inkundla, [S.l.], may 2015. Available at: <https://inkundlajournal.org/index.php/inkundla/article/view/26>. Date accessed: 28 mar. 2024.
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Articles