Actio redhibitoria is a legal concept that is recognized in South African law. It is a type of legal action that is taken to prevent the sale or transfer of property that has been acquired illegally or fraudulently. The purpose of this action is to restore the property to its rightful owner and to prevent any further harm or damage from being inflicted upon them.
In South Africa, actio redhibitoria is governed by the Prescription Act of 1969 and the Alienation of Land Act of 1981. These laws outline the procedures and requirements for bringing an actio redhibitoria claim, as well as the legal remedies that are available to the plaintiff if their claim is successful.
To bring an actio redhibitoria claim in South Africa, the plaintiff must be able to prove that the property in question was acquired illegally or fraudulently. This may be the result of a fraudulent sale or transfer, or it may be the result of theft or other illegal activities. In addition, the plaintiff must also be able to prove that they have a valid claim to the property, and that they have suffered some form of loss or damage as a result of the illegal acquisition of the property.
If the plaintiff is able to prove their claim, the court may issue an order requiring the defendant to return the property to the plaintiff, or to pay damages to the plaintiff in an amount equal to the value of the property. In some cases, the court may also order the defendant to pay the plaintiff's legal costs and other expenses related to the actio redhibitoria claim.
Overall, actio redhibitoria is an important legal concept in South Africa that serves to protect the rights and interests of property owners. It allows individuals who have been the victim of illegal or fraudulent activity to seek justice and compensation, and helps to ensure that the law is followed and respected in the country.
South African law of sale
One may contract out of it, if this is possible. Resources See Also Legal History. . R Sale of goods C. Should such property be sold, the purchaser is bound by the judgment in the action. Acrolon ultra is a high performance acrylic modified polyurethane that is specifically designed to provide long term color and gloss retention for high visibility structures. Should necessary precautions not be followed, and a dispute does happen to arise from latent defects being discovered at any given point, it is important for the Purchasers to be aware of the legal recourse they may seek in terms of the Aedilitian Remedies.
Definition of ACTIO REDHIBITORIA • Law Dictionary • complianceportal.american.edu
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Tarpaulin & Canvass CC v Sunshine Coast Tours CC (CA 22/2008) [2008] ZAECHC 159 (19 September 2008)
Where the seller makes the thing sold available, and it is discovered that the thing has a latent defect, the seller is liable to the buyer in four circumstances. The court agrees with the decision by the regional magistrate that the mechanical defects in the motor vehicle were serious latent defects of which the first respondent was not aware when he concluded the contract with the appellant. . If no place is agreed upon, he must make it available at the place where the article is, if it is specific. In At this juncture, it is important to distinguish between how ownership passes in cash and credit sales respectively. Fiona, who owns a toy shop, orders fifty Blue Baboon outfits from Fantasy Clothing at R50 per suit.
