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A long-term lease agreement as a trigger event for a right of pre-emption
Mini Dissertation (LLM (Mercantile Law))--University of Pretoria, 2022.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2022
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| _version_ | 1867613551958425600 |
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| access_status_str | Open Access |
| author2 | Mapefane, Nthope |
| author_browse | Mapefane, Nthope |
| author_facet | Mapefane, Nthope |
| collection | Thesis |
| dc_rights_str_mv | © 2022 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM (Mercantile Law))--University of Pretoria, 2022. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/87738 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:57.427Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2022 |
| publishDateRange | 2022 |
| publishDateSort | 2022 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/87738 A long-term lease agreement as a trigger event for a right of pre-emption Mapefane, Nthope anindek@gmail.com Kamffer, Anindé UCTD South African law English law Dutch law German law Mini Dissertation (LLM (Mercantile Law))--University of Pretoria, 2022. A lacuna in the South African law exists with regard to whether the registration of a long-term lease agreement over property (a real right) triggers the operation of an existing pre-emptive right (personal right) over the same property. In this study, a legal analysis is conducted with reference to the English law, German law and Dutch law regarding their approach to competing interests of pre-emptive rights and a lessee’s rights under a long-term lease agreement. The aggrieved party’s remedies are also considered. It is necessary to establish whether a long-term lease agreement is considered as a “trigger event” for pre-emption. The trigger event is usually the owner’s desire to sell the property. It may happen that a third party approach the owner with a desire to purchase the property, but due to the right of pre-emption the owner’s right of ownership (to sell) is limited. To avoid the operation of the pre-emptive right, the owner and the third party may consider concluding a long-term lease agreement, with or without the third party’s knowledge of the pre-emptive right. The problem that arises is where a long-term lease agreement is concluded with the aim to circumvent the operation of the pre-emptive, and whether this agreement triggers the pre-emptive right, alternatively, will this transaction, which conceals the true nature and purpose of the agreement, constitute a simulated contract? Will the aggrieved party have a remedy at their disposal in a situation where their personal right of pre-emption is infringed by a third party and against whom can they enforce its remedy? The application of the doctrine of notice, i.e., whether the third party had knowledge of the pre-emptive holder’s rights, affects the position, This doctrine of notice will determine against whom the respective parties have remedies at their disposal. Regardless of this doctrine and whether the subsequent contract is considered as a simulated contract, the aggrieved party will have a remedy at their disposal. Mercantile Law LLM (Mercantile Law) Unrestricted 2022-10-17T09:48:23Z 2022-10-17T09:48:23Z 2022-12 2022 Mini Dissertation * A2023 https://repository.up.ac.za/handle/2263/87738 en © 2022 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD South African law English law Dutch law German law A long-term lease agreement as a trigger event for a right of pre-emption |
| title | A long-term lease agreement as a trigger event for a right of pre-emption |
| title_full | A long-term lease agreement as a trigger event for a right of pre-emption |
| title_fullStr | A long-term lease agreement as a trigger event for a right of pre-emption |
| title_full_unstemmed | A long-term lease agreement as a trigger event for a right of pre-emption |
| title_short | A long-term lease agreement as a trigger event for a right of pre-emption |
| title_sort | long term lease agreement as a trigger event for a right of pre emption |
| topic | UCTD South African law English law Dutch law German law |
| url | https://repository.up.ac.za/handle/2263/87738 |