Extinctive Prescription – Second edition

extinctive prescription
21 Nov 2019

About this publication:

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 include:

  • Table of Cases
  • Table of Statutes
  • Chapter 1: History, Theory and Policy of Extinctive Prescription
  • Chapter 2: Application of Extinctive Prescription: The Concept of ‘Debt’
  • Chapter 3: Prescription Periods Provided for in the Prescription Act 68 of 1969
  • Chapter 4: Beginning of the Prescription Period
  • Chapter 5: Suspension and Delay of Prescription
  • Chapter 6: Interruption
  • Chapter 7: Extinctive Prescription and Counterclaims
  • Chapter 8: Waiver of Extinctive Prescription
  • Chapter 9: Calculation of Time
  • Chapter 10: The Prescription Act and other Prescription or Time Limitation Provisions
  • Chapter 11: Prescription and the Conflict of Laws
  • Chapter 12: Procedure
  • Annexures:

Of interest and benefit to:

  • Judges
  • Advocates
  • Attorneys
  • Magistrates
  • Academics

Click here to get your copy.

See also:

(This article is provided for informational purposes only and not for the purpose of providing legal advice. For more information on the topic, please contact the author/s or the relevant provider.)
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