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Lecture Three—A Change in Perspective: European Private Law and its Historical Foundations

REINHARD ZIMMERMANN

in Roman Law, Contemporary Law, European Law: The Civilian Tradition Today

Published in print:
2001
Published Online:
January 2010
ISBN:
9780198299134
eISBN:
9780191708046
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299134.003.0004
Subject:
Law, Comparative Law

This lecture presents a number of examples that highlight the intellectual link between legal history and comparative law. In addition, nearly all these examples emphasise connections existing ... 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


While One Hundred Remain: T B Smith and the Progress of Scots Law

Kenneth G C Reid

in A Mixed Legal System in Transition: T. B. Smith and the Progress of Scots Law

Published in print:
2005
Published Online:
March 2012
ISBN:
9780748623358
eISBN:
9780748651467
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748623358.003.0001
Subject:
Law, Legal History

This chapter begins with a review of T B Smith's career and writing, which are characterized by a number of paradoxes. It then traces his academic career which began in 1949 with his appointment to ... More


Two Toms and an Ideology for Scots Law: T B Smith and Lord Cooper of Culross

Hector L MacQueen

in A Mixed Legal System in Transition: T. B. Smith and the Progress of Scots Law

Published in print:
2005
Published Online:
March 2012
ISBN:
9780748623358
eISBN:
9780748651467
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748623358.003.0003
Subject:
Law, Legal History

This chapter focuses on the ‘Cooper–Smith ideology’, which can be summarised broadly as follows. Modern Scots law was a ‘mixed’ legal system, in which a basically Roman law or Civilian structure of ... More


The Effect of Unexpected Circumstances on Contracts in Scots and Louisiana Law

Laura J Macgregor

in Mixed Jurisdictions Compared: Private Law in Louisiana and Scotland

Published in print:
2009
Published Online:
March 2012
ISBN:
9780748638864
eISBN:
9780748651443
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748638864.003.0019
Subject:
Law, Comparative Law

This chapter analyses the legal rules governing unexpected circumstances in contract law in the mixed legal systems of Louisiana and Scotland. The subject lies at the heart of commercial law, and one ... More


Third-Party Contracts

Philip Sutherland

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/9780748624256.003.0008
Subject:
Law, Company and Commercial Law

This chapter examines third-party contracts in contract law in Scotland and South Africa. It investigates why the law should allow third-party contracts to be enforced, and when and how a third party ... More


The Development of Legal Doctrine in a Mixed System

Kenneth Reid and Reinhard Zimmermann

in A History of Private Law in Scotland

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198267782
eISBN:
9780191683374
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198267782.003.0001
Subject:
Law, Constitutional and Administrative Law, Legal History

Private law scholarship in Europe has been, for about 150 years, predominantly national in substance, outlook, and approach. In continental Europe, the law has tended to accept the lex positiva as an ... More


Good Faith

Hector L MacQueen

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/9780748624256.003.0002
Subject:
Law, Company and Commercial Law

This chapter considers good faith in the Principles of European Contract Law (PECL). It explains that Article 1:201 of PECL declares that each party must act in accordance with good faith and fair ... 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


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


Testamentary Formalities in South Africa

Marius J De Waal

in Comparative Succession Law: Volume I: Testamentary Formalities

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199696802
eISBN:
9780191732065
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696802.003.0016
Subject:
Law, Company and Commercial Law

This chapter discusses the issue of testamentary formalities in the context of South Africa's ‘mixed legal system’. It traces the history of will-making in South Africa, explaining how the original ... More


Interpretation 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/9780199271009.003.0003
Subject:
Law, Comparative Law

A recent analysis of the historical development of civil law in Scotland and South Africa traced the influences which have affected each system, and concluded that each system now comprises an ... More


Property Law: Sources and Doctrine

Kenneth Reid

in A History of Private Law in Scotland

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198267782
eISBN:
9780191683374
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198267782.003.0003
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter is concerned with the law of property. The fact that a legal system is ‘mixed’ does not imply consistency in the mixture, whether measured by subject or by time. Not only may the ... 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


Personality Rights: A Study in Difference

Elspeth Christie Reid

in Mixed Jurisdictions Compared: Private Law in Louisiana and Scotland

Published in print:
2009
Published Online:
March 2012
ISBN:
9780748638864
eISBN:
9780748651443
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748638864.003.0023
Subject:
Law, Comparative Law

Over the past century, in both the Civil Law and the Common Law, the concept of ‘personality rights’ has evolved to encompass that bundle of rights which protects the integrity and inviolability of ... More


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