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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


Introduction: South African Law as a Mixed Legal System

Areinhard Zimmermann and Daniel Visser

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/9780198260875.003.0001
Subject:
Law, Legal History

This introductory chapter first sets out the purpose of the book, which is to provide a doctrinal history of South African law. It then discusses the Roman-Dutch heritage of South African private ... More


Negligence

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/9780199271009.003.0017
Subject:
Law, Comparative Law

Unlike English law, neither Scots nor South African law recognizes a tort of negligence. However, both Scots and South African law recognize the possibility of delictual liability where one person ... More


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


‘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


South Africa

Erika de Wet

in International Law and Domestic Legal Systems: Incorporation, Transformation, and Persuasion

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199694907
eISBN:
9780191731914
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199694907.003.0024
Subject:
Law, Public International Law

South Africa's track-record of receiving international law into the domestic legal order since the introduction of the new constitutional order in 1994 is mixed. On one hand, the Constitution of 1996 ... More


The Architects of the Mixed Legal System

Stephen D. Girvin

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/9780198260875.003.0004
Subject:
Law, Legal History

The mixed system of law in South Africa owes a great deal to the judges appointed to administer justice, both in the pre-Union territories and colonies, and to those who have served on the bench ... More


Good Faith and Equity

Reinhard Zimmermann

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/9780198260875.003.0008
Subject:
Law, Legal History

In the law of contract, there is one specific device that, more than any other, infused this branch of the law with an equitable spirit: the concept of bona fides, or good faith. Bona fides was one ... More


Unjustified Enrichment

Daniel Visser

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/9780198260875.003.0017
Subject:
Law, Legal History

The law of enrichment in many ways reflects the character which South African law generally has developed over the past three centuries. In certain respects it has unmitigated antiquarian features. ... 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


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


Ownership

J. R. L. Milton

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/9780198260875.003.0021
Subject:
Law, Legal History

The earliest recorded reference to ownership in South African law occurs just five years or so after the servants of the Dutch East India Company waded ashore in Table Bay on 9 April 1652 to found a ... More


Lease

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/9780199271009.003.0011
Subject:
Law, Comparative Law

This chapter focuses on the lease of immovable property under Scots and South African law. It covers the nature of the tenant's right, fundamental features of the contract, types of lease, formation ... More


Acquisition of Ownership

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/9780199271009.003.0022
Subject:
Law, Comparative Law

This chapter focuses on the law of corporeal property in Scotland and South Africa. Corporeal property is divided into movable and immovable categories. Scots law, in applying the label ‘heritable’ ... More


Termination for Breach of Contract

Tjakie Naudé

in European Contract Law: Scots and South African Perspectives

Published in print:
2006
Published Online:
March 2012
ISBN:
9780748624256
eISBN:
9780748651429
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748624256.003.0011
Subject:
Law, Company and Commercial Law

This chapter considers termination as a remedy for breach of contract under the Principles of European Contract Law (PECL). The PECL provisions on termination for non-performance are similar to Scots ... More


Breach of Contract

Alfred Cockrell

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/9780198260875.003.0010
Subject:
Law, Legal History

This chapter explores some aspects of the development of the South African law relating to breach of contract from its Roman-Dutch roots to the present day. In order to reduce the topic to manageable ... 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


Transfer of Ownership

David L. Carey Miller

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/9780198260875.003.0023
Subject:
Law, Legal History

This chapter discusses the law governing the transfer of ownership in South Africa. It covers the following: the basis of derivative acquisition; modes of delivery of movable property; the transfer ... More


Unjustified Enrichment

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/9780199271009.003.0014
Subject:
Law, Comparative Law

The laws of unjustified enrichment in the sister mixed legal systems of South Africa and Scotland resemble each other much more closely than they resemble the law of unjustified enrichment in any ... More


Formation of Contract

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/9780199271009.003.0002
Subject:
Law, Comparative Law

This chapter discusses the development of Scots and South African contract law. It covers theories on the nature of the contract, offer and acceptance, unilateral promise, and offer and acceptance ... More


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