Historical Foundations Of South African Private Law PDF Book

Download Historical Foundations Of South African Private Law Book in PDF files, ePub and Kindle Format or read online anytime anywhere directly from your device. Fast download and no annoying ads. You can see the PDF demo, size of the PDF, page numbers, and direct download Free PDF of Historical Foundations Of South African Private Law using the download button.

Historical Foundations of South African Private Law

Author : Ph. J. Thomas,C. G. Van der Merwe,B. C. Stoop
Publisher : Butterworth-Heinemann
Release : 1998
Category : Civil law
ISBN : STANFORD:36105062034306
File Size : 52,8 Mb
Total Download : 718


Book Summary:

A Companion to Justinian's Institutes

Author : Ernest Metzger
Publisher : Cornell University Press
Release : 1998
Category : Droit romain
ISBN : 0801485843
File Size : 24,8 Mb
Total Download : 758


Book Summary: The Corpus Iuris Civilis, a distillation of the entire body of Roman law, was directed by the Emperor Justinian and published in a.d. 533. The Institutes, the briefest of the four works that make up the Corpus, is considered to be the cradle of Roman law and remains the best and clearest introduction to the subject. A Companion to Justinian's "Institutes" will assist the modern-day reader of the Institutes, and is specifically intended to accompany the translation by Peter Birks and Grant McLeod, published by Cornell in 1987. The book offers an intelligent and lucid guide to the legal concepts in the Institutes. The essays follow its structure and take up its principal subjects--for example, slavery, marriage, property, and capital and noncapital crimes--and give a thorough account of the law relating to each of them. Throughout, the authors explain technical Latin vocabulary and legal terms.

Southern Cross

Author : Reinhard Zimmermann,Daniel Visser,D. P. Visser
Publisher : Oxford University Press
Release : 1996
Category : History
ISBN : 0198260873
File Size : 41,9 Mb
Total Download : 804


Book Summary: 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 civil law came about in that jurisdiction. Here is a book aimed at both European and South African audiences. For European lawyers it provides a stimulating insight into the way the process of harmonization of private law has occurred in South Africa and may occur within the European Union. By analysing the historical evolution of the most important institutions of the law of obligations and the law of property the book demonstrates how the two legal traditions have been accommodated within one system. The starting point for each essay is the "pure" Roman-Dutch law as it was transplanted to the Cape of Good Hope in the years following 1652 (and as it has been examined in considerable detail in another volume edited by Robert Feenstra and Reinhard Zimmerman, published in 1992). The analysis focuses on how the Roman-Dutch law has been preserved, changed, modified or replaced in the course of the nineteenth century when the Cape became a British colony; and on what happened after the creation of the union of South Africa in 1910. Each essay therefore attempts, in the field of law with which it is dealing, to answer questions such as: what was the level of interaction between the civil law and the common law? What were the mechanisms that brought about the particular form of competition, coexistence or fusion that exists in that area of law? Is the process complete or is it still continuing? Is it possible to observe the emergence, from these two routes, of a genuinely South African private law? How is the result to be evaluated? In establishing reception patterns at the level of specific areas of law, they go beyond generalization about the compatibility of the two traditions and present evidence of a possible symbiosis of English and Continental law. For South African readers the principal value of the book is that it offers essays by the most prominent South African private lawyers refelecting on the history of their subjects. It therefore constitutes the first stage in the writing of a history of substantive private law in South Africa. So far the focus has mainly been on the so called "external history" of South African law, and such texts as there are on the development of the institutions of private law are often in Afrikaans and mainly to be found in unpublished theses. Thus this book fulfils a real need for those teaching South African private law and legal history. Although the volume investigates a specific aspect of the making of modern South African law it is imperative not to lose sight of the fact that private law in that country, as every way else did not develop in a vacuum, but as part of a wider political and social prcess. For this reason the book opens with an essay which contextualizes the contributions that follow, giving a view of the "setting" in which the development of South Africa took place: colonial domination, cultural imperialism, and racial and nationalistic ideologies. Two further introductory essays pay specific attention to the impact of the procedural framework on the substantive private law and to the "architects" of the mixed system.

Introduction to the Law of South Africa

Author : C. G. Van der Merwe,J. E. Du Plessis
Publisher : Kluwer Law International B.V.
Release : 2004-01-01
Category : Law
ISBN : 9789041122827
File Size : 34,8 Mb
Total Download : 894


Book Summary: This title is part of an established Series which introduces various legal systems of the world. It provides an authoritative and accessible overview of the main branches of South African public, private and commercial law. Offering insight into the rich system of South African law, this title will be of particular interest to the international legal community. The South African legal system has not only developed fascinating mixtures of civil law and common law rules over more than a century, but has also experienced a post-apartheid South Africa. Of particular interest is the way in which so many branches of law have been infused by basic constitutional values. Many of the contributors have published work in their own fields and have considerable experience of presenting their subject matter in a broader comparative perspective. The succinct and balanced nature of the contributions makes this title attractive to a wide audience of academics, students and practitioners with an interest in this remarkable legal system.

Conquest, Constitutionalism and Democratic Contestations

Author : Joel M. Modiri
Publisher : Routledge
Release : 2020-06-30
Category : Social Science
ISBN : 9781000022414
File Size : 10,9 Mb
Total Download : 720


Book Summary: Two decades since the enactment of South Africa’s present constitution, the durability and endurance of ‘past’ inequalities and injustices illustrate that the ‘new South Africa’ – lauded as a miracle nation with the best constitution in the world – can no longer be regarded as an unqualified success. The legal and constitutional foundations of post-1994 South Africa are in a process of renegotiation that invites new and alternative perspectives and approaches. This comprehensive volume explores this process of renegotiation by engaging political and intellectual contestations circulating in South African academic and public discourse relating to continuities and discontinuities between the colonial-apartheid past and the post-1994 constitutional present. The authors analyse the moral, intellectual and political unravelling of post-1994 South African constitutionalism (as legal text and political culture) and enquire whether it has been able to respond adequately to the fundamental contradictions generated by colonisation and apartheid. They also consider how centring the historical problem of European domination and conquest in Africa – and South Africa in particular – might provide an alternative frame or lens to theorise and understand contemporary South African realities. This book marks out a complex field of contestation – involving competing histories, locations, visions and perspectives – that raises multifaceted questions regarding law, history and politics. It is the outcome of a South African Journal of Human Rights colloquium and was originally published as a special issue of the journal.

Indigenous Peoples and Real Estate Valuation

Author : Robert A. Simons,Rachel M. Malmgren,Garrick Small
Publisher : Springer Science & Business Media
Release : 2009-01-07
Category : Business & Economics
ISBN : 0387779388
File Size : 14,8 Mb
Total Download : 933


Book Summary: Sponsored by the American Real Estate Society (ARES), Indigenous Peoples and Real Estate Valuation addresses a wide variety of timely issues relating to property ownership, rights, and use, including: ancestral burial, historical record of occupancy, treaty implementation problems, eminent domain, the effects of large governmental change, financing projects under formal and informal title or deed document systems, exclusive ownership vs. non-exclusive use rights, public land ownership, tribal or family land claims, insurgency and war, legal systems of ownership, prior government expropriation of lands, moral obligation to indigenous peoples, colonial occupation, and common land leases. These issues can also be broadly grouped into topics, such as conflict between indigenous and western property rights, communal land ownership, land transfer by force, legacy issues related to past colonization and apartheid, and metaphysical/indigenous land value.

Ars Docendi et Scribendi: Essays in honour of Johan Scott

Author : Edited by the Faculty of Law, University of Pretoria
Publisher : Pretoria University Law Press
Release : 2023-03-24
Category : Law
ISBN : 8210379456XXX
File Size : 43,9 Mb
Total Download : 201


Book Summary: Ars Docendi et Scribendi: Essays in honour of Johan Scott Edited by the Faculty of Law, University of Pretoria ISBN: 978-1-920538-76-7 Pages: 243 Print version: Available Electronic version: Free PDF available About the publication "Festschrift" - a collection of articles by the colleagues, former students, etc. of a noted scholar, published in his or her honour. During his travels abroad Johan Scott built up a wide network of international scholars who over time became a valued circle of friends, many of whom spent enriching moments in his company and who contributed to this Festschrift. Contributors were requested to write in their home language, and furthermore to submit their contributions for publication in other journals worldwide, specifically accrediting this Festschrift in order to expand access worldwide to the wonderful contributions written in honour of our colleague. Great scholars like Johan never retire. They might go fishing more than they could in the past, but his calling of being a true teacher will never fade. Scholars like Johan understand that the present and the future are inevitably linked to the past, and although education depends on talent and performance, it should always serve to build character and a vision for future generations. Table of Contents Dedication Acknowledgments Publications of Johan Scott Essays Sessie en subrogasie Susan Scott Revisiting the maxim imperitia culpae adnumeratur in context of medical negligence – can the maxim be extended to include the application of luxuria? Pieter Carstens The Omissions in Oppelt Duard Kleyn & Emile Zitzke Skeepshouer-geboue – roerend of onroerend? I Knobel Wrongfulness: derailed or on track? Johann Knobel Fremdsprachige Rechtsbegriffe und Auslegung von internationalen Verträgen Gabriele Koziol Die actio de deiectis vel effusis in Südafrika und Österreich Helmut Koziol, Wien/Graz Die regsrelevansie van owerspel: quo vadis? Johann Neethling & Johan Potgieter Die impak van die Nasionale Kredietwet op die Sakereg en Saaklike Sekerheid JM Otto How the European Court of Human Rights changed the life of surrogacy children Prof Dr Walter Pintens De Nederlandse Natuurschoonwet: voorbeeld voor Zuid-Afrika? Prof Sebastiaan Roes Borgstelling, saaklike sekerheidsregte én die verpligtinge van ’n medehoofskuldenaar – ’n werklik merkwaardige uitspraak JC Sonnekus The Hopeless Case of Climate Change: Can we still keep the floodgates shut? Jaap Spier & Daniël Witte Die Consumer Protection Act: Laaste spyker in voetstootsbedinge se doodskis? Philip N Stoop Protection of trust beneficiaries through the application of basic trust principles Anton van der Linde Taming the chimera: The treatment of “wrongfulness” in South African delict scholarship Daniel Visser Enkele aspekte rakende ’n retensiereg en ’n verhuurder se stilswyende hipoteek Dr M Wiese Personal tributes André Boraine Christof Heyns Aeenna Malan Chris Pretorius Neil van Schalkwyk Caroline Van Schoubroeck Bibliography

Consequences of Possession

Author : Eric Descheemaeker
Publisher : Edinburgh University Press
Release : 2014-05-19
Category : Law
ISBN : 9780748693658
File Size : 14,8 Mb
Total Download : 152


Book Summary: The first coherent analysis of the topic of possession from a comparative and historical legal perspective. The volume comprises contributions from some very distinguished scholars from the civilian tradition (Germany, Italy) as well as the common law (England) and mixed legal systems (Quebec, Scotland, South Africa).