It is generally accepted that the Anglo-American trust with its dichotomy of legal and equitable ownership cannot as such be received into a civil law legal system. Although South African private law is mainly civilian in nature, the trust was received into South African law and it has developed into a widely used and flexible institution. In this contribution the author explains how this reception and development took place in spite of the perceived obstacles. Particular attention is focused on the issues of uniformity of ownership and the numerus clausus principle. A brief exposition of the nature and uses of the modern South African trust is also provided.
European Review of Private Law