Search Results - "Badenhorst, P J"

The Distinction between Real Rights and Personal Rights in the Deeds Registration System of South Africa – Part Two: Pragmatic Distinction between Real Rights and Personal Rights by Badenhorst, P. J

“…The second part of this article deals with the pragmatic approach of the South African courts to determine whether a right is real and, therefore, registrable…”
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The Distinction between Real Rights and Personal Rights in the Deeds Registration System of South Africa – Part One: Statutory and Theoretical Distinction between Real Rights and Personal Rights by Badenhorst, P. J

“…Real rights in respect of land are registrable in the deeds registration system of South Africa, while personal rights may not be registered. The Deeds…”
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New Order Rights to Minerals in South Africa: Ten Years after Mayday by Badenhorst, P. J

“…This article examines the application and evolution of the Mineral and Petroleum Resources Development Act 28 of 2002 since its introduction in South Africa by…”
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SIR WILLIAM BLACKSTONE AND THE DOCTRINE OF SUBJECTIVE RIGHTS by PJ Badenhorst

“…The doctrine of subjective rights forms part of South African jurisprudence. This is not the case in English law, which, for instance, does not clearly…”
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An arbitrary deprivation of property?: The South African constitutional court's decision on s 89(5)(b) of the national credit act, 34 of 2005, in Chevron (Pty) Ltd v Wilson's Transport by PJ Badenhorst

“…In Chevron SA (Pty) Limited v Wilson t/a Wilson's Transport, petroleum products were provided to Wilson, an owner of a truck business, by an unregistered…”
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Security of Mineral Tenure in South Africa: Carrot or Stick? by Badenhorst, P J

“…The notion and features of the security of South African mineral tenure are discussed in this article. On enactment of the Mineral and Petroleum Resources…”
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NATURE OF NEW ORDER RIGHTS TO MINERALS: A RUBIKIAN EXERCISE SINCE PASSING THE MAYDAY RUBICON WITH A CUBIC ZIRCONIUM? by PJ Badenhorst

“…The Mineral and Petroleum Resources Development Act 28 of 2002 has created new categories of rights to “minerals” that may be granted to applicants by the…”
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MINERAL LAW AND THE DOCTRINE OF RIGHTS: A MICROSCOPE OF MAGNIFICATION? by PJ Badenhorst

“…The doctrine of rights has become part of private law jurisprudence. In this article the application of the doctrine in two decisions dealing with surface…”
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TRANSITIONAL PROSPECTING RIGHTS: A MORATORIAL ESCORT ACROSS THE BRIDGE? De Beers Consolidated Mines Ltd v Regional Manager, Mineral Regulation Free State Region: Department of Minerals and Energy Case 1590/2007 (OPD) Unreported (15-05-2008) (“De Beers (2) by PJ Badenhorst

“…On 1 May 2004 the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA) not only introduced a new mineral law regime in South Africa but also made…”
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PAYING THE PIPER (IN ABSENTIA) SFF Association v Xstrata 2011 JDR 0407 (GSJ) by PJ Badenhorst

“…This decision focused on the impact of the Mineral and Petroleum Resources Development Act (28 of 2002, hereinafter “MPRDA”) on an old-order mining right…”
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PAYING THE PIPER (IN PRAESENTIA) Xstrata South Africa (Pty) v SFF Association 2012 (5) SA 60 (SCA) by PJ Badenhorst

“…This decision is an appeal from the decision of the South Gauteng High Court in SFF Association v Xstrata (2011 JDR 0407 (GSJ)). The court a quo decided…”
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SUCCESSIVE SALES: CORDIALITY DOES NOT GIVE YOU LOCUS STANDI Cordiant Trading CC v Daimler Chrysler Financial Services (Pty) Ltd 2005 4 SA 389 (D&CLD) by PJ Badenhorst, L Ristow

“…Under normal circumstances, the seller is the owner of the merx and ownership is transferred to the purchaser on transfer of possession. However, the seller…”
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Host communities and competing applications for prospecting rights in terms of the Mineral and Petroleum Resources Development Act 28 of 2002 by Badenhorst, PJ, Olivier, NJJ

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REVIEW OF A REFUSAL TO GRANT A PROSPECTING RIGHT Global Pact Trading 207 (Pty) Ltd v The Minister of Minerals and Energy; The Regional Manager: Minerals and Energy, Free State Region; The Deputy Director-General: Minerals and Energy (Case Nr 3118/2006 (O) by PJ Badenhorst, Marita Carnelley

“…The decision involved an application for the review and setting aside of a refusal to grant a prospecting right in terms of section 17 of the Mineral and…”
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UNJUSTIFIED ENRICHMENT: HAVING A FRIEND WEARING DIFFERENT HATS, WHO NEEDS ENEMIES? Mndi v Malgas 2006 2 SA 182 (EPD) by PJ Badenhorst, Lindi Coetzee

“…The decision in the present case is important for enrichment law within the context of the confirmation and application of : (a) the general requirements of an…”
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THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT 28 OF 2002 AND THE ENVIRONMENT by PJ Badenhorst, RT Stein

“…The provisions aimed at the management and protection of the environment contained in the Minerals and Petroleum Resources Development Act are discussed in…”
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ACCESSION OF LOTS: ACCESSIO PER ARTES MAGICAS? Pocock v De Oliviera 2007 2 SA 90 (W) by PJ Badenhorst, JM Pienaar

“…One of the challenges of being a property law teacher is marking the script of a student who has “spotted” accession for the exam, but answers a question…”
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“MINERALS”, “PETROLEUM” AND “OPERATIONS” IN THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT 28 OF 2002: A GEOLOGIST AS DEVIL’S ADVOCATE FOR A CHANGE? by PJ Badenhorst, RW Shone

“…This article examines the meaning of “minerals”, petroleum, “operations” and activities in relation to such substances to determine the ambit of the…”
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An arbitrary deprivation of property? The South African Constitutional Court's decision on s 89(5)(b) of the National Credit Act, 34 of 2005, in Chevron (Pty) Ltd v Wilson's Transport by P J Badenhorst

“…South African Constitutional Court decision In Chevron SA (Pty) Limited v Wilson t/a Wilson's Transport - whether there was an arbitrary deprivation of…”
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An arbitrary deprivation of property?: The South African constitutional court's decision on s 89(5)(b) of the national credit act, 34 of 2005, in Chevron (Pty) Ltd v Wilson's Transport by PJ Badenhorst

“…In Chevron SA (Pty) Limited v Wilson t/a Wilson's Transport, petroleum products were provided to Wilson, an owner of a truck business, by an unregistered…”
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