Discussion on the requirements for a successful reliance

QUESTION
MAY 04, 2019

In a situation where property is stolen, for example a rental car being stolen and broken up into parts, making physical restoration of the property…

In a situation where property is stolen, for example a rental car being stolen and broken up into parts, making physical restoration of the property in question impossible. Discuss, with reference to case law, the only delictual remedy that is available to BOTH an owner and a non-owner who have a lawful interest in such stolen property.

In your answer you must discuss the requirements for a successful reliance on this remedy in full. Bear in mind that there are circumstances in which it is possible to use this remedy as an alternative to the rei vindicatio.

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