Contract Law: Applying the abstract theory in property transfers
In transactions where immovable property is sold and transferred, ownership will only be transferred when there is an agreement of sale (which may be regarded as the “underlying transaction”) and upon registration of the deed of transfer.
There are two theories that relate to the transfer of property, namely the causal theory and the abstract theory. South-African law follows and applies the abstract theory.
We may differentiate between the abstract and causal theory when it concerns how real rights are transferred... Read More