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Southern Cross – Civil Law and Common Law in South Africa - Oxford Scholarship Online
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Southern Cross: Civil Law and Common Law in South Africa

Reinhard Zimmermann and Daniel Visser


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. It provides an 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 ... More

Keywords: South African private law, English common law, continental civil law, European Union, obligations, property, Roman-Dutch law

Bibliographic Information

Print publication date: 1996 Print ISBN-13: 9780198260875
Published to Oxford Scholarship Online: March 2012 DOI:10.1093/acprof:oso/9780198260875.001.0001


Affiliations are at time of print publication.

Reinhard Zimmermann, editor
University of Regensburg

Daniel Visser, editor
University of Cape Town

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Areinhard Zimmermann, and Daniel Visser

Part I.Setting the Scene

Part II.General Principles of Contractual Liability

5. Contract Formation

Dale Hutchison

7. Good Faith and Equity

Reinhard Zimmermann

8. Voidable Contracts

Gerhard Lubbe

9. Breach of Contract

Alfred Cockrell

Part III.Obligations in a Commercial Context

12. Employment Relations

Barney Jordaan

13. Suretyship

C. F. Forsyth

14. Insurance Law

J. P. Van Niekerk

Part IV.Obligations arising neither from Contract nor from Delict

Part V.The Law of Delict

Part VI.Property Law

20. Ownership

J. R. L. Milton

22. Transfer of Ownership

David L. Carey Miller

23. Neighbour Law

Derek Van Der Merwe

24. Servitudes

M. J. De Waal

25. Possession

Duard Kleyn

PART VII.Fiduciary Transactions

26. Trust

Tony Honoré

End Matter