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Insurance Law

J. P. Van Niekerk

in Southern Cross: Civil Law and Common Law in South Africa

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198260875
eISBN:
9780191682162
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260875.003.0015
Subject:
Law, Legal History

This chapter discusses the development of South African insurance law. Topics covered include the early influence of English law, the formal introduction of English insurance law in 1879, the ... More


Southern Cross: Civil Law and Common Law in South Africa

Reinhard Zimmermann and Daniel Visser (eds)

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198260875
eISBN:
9780191682162
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260875.001.0001
Subject:
Law, Legal History

This book provides a history of some of the main institutions of South African private law and in so doing explores the process through which integration of the English common law and the continental ... More


Aquilian Liability I (Nineteenth Century)

AnnÉl van Aswegen

in Southern Cross: Civil Law and Common Law in South Africa

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198260875
eISBN:
9780191682162
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260875.003.0018
Subject:
Law, Legal History

This chapter discusses the historical development of the actio legis Aquiliae in South Africa. During the period under discussion the actio legis Aquiliae remained essentially Roman-Dutch in nature ... More


Servitudes

M. J. De Waal

in Southern Cross: Civil Law and Common Law in South Africa

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198260875
eISBN:
9780191682162
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260875.003.0025
Subject:
Law, Legal History

This chapter analyzes the following core elements of the law of servitudes: the definition of the concept of a servitude and the classification of servitudes; the requirements for the establishment ... More


Negotiable Instruments

Charl Hugo

in Southern Cross: Civil Law and Common Law in South Africa

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198260875
eISBN:
9780191682162
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260875.003.0016
Subject:
Law, Legal History

This chapter discusses the history of negotiable instruments in South Africa, focusing on those capita which have a particularly significant or interesting history. These are: the protection of the ... More


‘Double Cross’: Comparing Scots and South African Law

REINHARD ZIMMERMANN, DANIEL VISSER, and KENNETH REID

in Mixed Legal Systems in Comparative Perspective: Property and Obligations in Scotland and South Africa

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199271009
eISBN:
9780191699481
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271009.003.0001
Subject:
Law, Comparative Law

This chapter focuses on the interaction between Scots and South African law. It traces the origins of Scots and South African law from Roman-Dutch law. It then discusses the common ground connections ... More


Neighbour Law

Derek Van Der Merwe

in Southern Cross: Civil Law and Common Law in South Africa

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198260875
eISBN:
9780191682162
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260875.003.0024
Subject:
Law, Legal History

The South African law of neighbours has many peculiar features which render its study both fascinating and frustrating: it consists of common law principles which are a composite mix of the rich ... More


Possession

Duard Kleyn

in Southern Cross: Civil Law and Common Law in South Africa

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198260875
eISBN:
9780191682162
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260875.003.0026
Subject:
Law, Legal History

As far as general possessory theory is concerned (for example the theory in regard to the acquisition, retention, and loss of possession) South African authors have always relied heavily on Roman law ... More


Roman-Dutch Law in its South African Historical Context

Eduard Fagan

in Southern Cross: Civil Law and Common Law in South Africa

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198260875
eISBN:
9780191682162
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260875.003.0002
Subject:
Law, Legal History

This chapter presents an overview which seeks to place the development of the Roman-Dutch law within a broader South African historical context, making liberal use of some of the detailed recent work ... More


The Interaction of Substantive Law and Procedure

H. J. Erasmus

in Southern Cross: Civil Law and Common Law in South Africa

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198260875
eISBN:
9780191682162
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260875.003.0005
Subject:
Law, Legal History

South African law is an uncodified civil law system with Roman-Dutch law, and originally Roman law, as its major formative element. Since the beginning of the 19th century a strong thread of English ... More


Purchase and Sale

Jan Lotz

in Southern Cross: Civil Law and Common Law in South Africa

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198260875
eISBN:
9780191682162
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260875.003.0012
Subject:
Law, Legal History

This chapter discusses the development of the law of purchase and sale in South Africa, which has amounted to little more than a reaffirmation of the rules and principles of Roman and Roman-Dutch law ... More


Succession Law in South Africa – a Historical Perspective

François du Toit

in Exploring the Law of Succession: Studies National, Historical and Comparative

Published in print:
2007
Published Online:
March 2012
ISBN:
9780748632909
eISBN:
9780748651436
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748632909.003.0014
Subject:
Law, Comparative Law

This chapter examines the succession law in South Africa from a historical perspective. It explains that South Africa has been gifted a mixed legal system through the coalescence of principally ... More


Agency and Stipulatio Alteri

David J. Joubert

in Southern Cross: Civil Law and Common Law in South Africa

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198260875
eISBN:
9780191682162
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260875.003.0011
Subject:
Law, Legal History

This chapter discusses the development of the South African law of agency and how it differs in many respects from the Dutch law of the 16th, 17th, and 18th centuries. A solid Roman legal basis ... More


Contract Formation

Dale Hutchison

in Southern Cross: Civil Law and Common Law in South Africa

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198260875
eISBN:
9780191682162
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260875.003.0006
Subject:
Law, Legal History

This chapter discusses the South African law of contract. The Roman-Dutch law relating to the formation of a contract has undergone considerable development in its setting in South Africa, and there ... More


Legal Transplants: The Sri Lankan Experience

Ross Cranston

in How Law Works

Published in print:
1993
Published Online:
March 2012
ISBN:
9780199292073
eISBN:
9780191700699
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199292073.003.0010
Subject:
Law, Legal Profession and Ethics

This chapter reports a story from colonial times in Sri Lanka to the present day of the transplant into that jurisdiction of credit and ... More


Aquilian Liability II (Twentieth Century)

Dale Hutchison

in Southern Cross: Civil Law and Common Law in South Africa

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198260875
eISBN:
9780191682162
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260875.003.0019
Subject:
Law, Legal History

The story of the development of the Aquilian action in the 20th century is largely one of the struggle to free the action from outdated confines, by extending it to conduct and harm of all kinds. ... More


Interpretation of Contracts

Carole Lewis

in Southern Cross: Civil Law and Common Law in South Africa

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198260875
eISBN:
9780191682162
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260875.003.0007
Subject:
Law, Legal History

Ascertaining the intention of the parties to a contract is a matter of considerable complexity in modern South African law. The difficulties that have beset jurists and courts (in the classical Roman ... More


Family Provision in South Africa

Marius J de Waal

in Comparative Succession Law: Volume III: Mandatory Family Protection

Published in print:
2020
Published Online:
November 2020
ISBN:
9780198850397
eISBN:
9780191885419
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198850397.003.0016
Subject:
Law, Law of Obligations, Private International Law

At the time of the reception of Roman-Dutch law at the Cape in the seventeenth century, both children and the surviving spouse enjoyed sufficient protection at the death of the breadwinner (normally ... More


Freedom of Testation and the Ageing Testator

J C Sonnekus

in Exploring the Law of Succession: Studies National, Historical and Comparative

Published in print:
2007
Published Online:
March 2012
ISBN:
9780748632909
eISBN:
9780748651436
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748632909.003.0015
Subject:
Law, Comparative Law

This chapter explores the issues of freedom of testation and the age of testator in relation to the law of succession, discussing the factors associated with the capacity to execute a last will, ... More


Mixed Legal Systems in Comparative Perspective: Property and Obligations in Scotland and South Africa

Reinhard Zimmermann, Kenneth Reid, and Daniel Visser (eds)

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199271009
eISBN:
9780191699481
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271009.001.0001
Subject:
Law, Comparative Law

Placed uniquely at the intersection of common law and civil law, mixed legal systems are today attracting the attention both of scholars of comparative law, and of those concerned with the ... More


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