Southern Cross Civil Law and Common Law in South Africa

, by Zimmermann, Reinhard; Visser, Daniel

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ISBN: 9780198260875 | 0198260873
Cover: Hardcover
Copyright: 1/2/1997

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This work provides a history of the main institutions of South African private law, as well as exploring the process through which the integration of English common law and continental civil law was achieved in that jurisdiction. It is a first stepping stone in the writing of the history of private law in South Africa.

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Preface	p. v
List of Contributors	p. xxvii
List of Abbreviations	p. xxix
Table of Cases: South Africa	p. xxxv
Table of Cases: England and Other Jurisdictions	p. xciii
Introduction South African Law as a Mixed Legal System	p. 1
Setting the Scene	p. 31
Roman-Dutch Law in Its South African Historical Context	p. 33
African Land -- a History of Dispossession	p. 65
the Architects of the Mixed Legal System	p. 95
the Interaction of Substantive Law and Procedure	p. 141
General Principles of Contractual Liability	p. 163
Contract Formation	p. 165
Interpretation of Contracts	p. 195
Good Faith and Equity	p. 217
Voidable Contracts	p. 261
Breach of Contract	p. 303
Agency and Stipulatio Alteri	p. 335
Obligations in a Commercial Context	p. 359
Purchase and Sale	p. 361
Employment Relations	p. 389
Suretyship	p. 417
Insurance Law	p. 435
Negotiable Instruments	p. 481
Obligations Arising Neither Ftom Contract nor from Delict	p. 521
Unjustified Enrichment	p. 523
The Law of Delict	p. 557
Aquilian Liability I (nineteenth Century)	p. 559
Aquilian Liability II (twentieth Century)	p. 595
the Protection of Personality Rights	p. 639
Property Law	p. 655
Ownership	p. 657
Original Acquisition of Ownership	p. 701
Transfer of Ownership	p. 727
Neighbour Law	p. 759
Servitudes	p. 785
Possession	p. 819
Fiduciary Transactions	p. 847
Trust	p. 849
Index	p. 873
Index of Persons	p. 889
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Southern Cross Civil Law and Common Law in South Africa

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