Jump to ContentJump to Main Navigation
Mixed Legal Systems in Comparative Perspective – Property and Obligations in Scotland and South Africa - Oxford Scholarship Online
Users without a subscription are not able to see the full content.

Mixed Legal Systems in Comparative Perspective: Property and Obligations in Scotland and South Africa

Reinhard Zimmermann, Kenneth Reid, and Daniel Visser

Abstract

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 development of a European private law. Pre-eminent among the mixed legal systems are those of Scotland and South Africa. In South Africa the Roman-Dutch law, brought to the Cape by the Dutch East India Company in 1652, was from the early nineteenth century onwards infused with and re-moulded by the common law of the British imperial master. In Scotland, a more gradual and elusive process saw the Roman-Scots ... More

Keywords: common law, civil law, mixed legal systems, European private law, Roman-Dutch law, Roman-Scots law, English law, shared experience, shared law

Bibliographic Information

Print publication date: 2005 Print ISBN-13: 9780199271009
Published to Oxford Scholarship Online: March 2012 DOI:10.1093/acprof:oso/9780199271009.001.0001

Authors

Affiliations are at time of print publication.

Reinhard Zimmermann, editor
Director of the Max-Planck-Institute of Comparative Private Law and Private International Law, Hamburg; Professor of Private Law, Roman Law and Comparative Legal History, University of Regensburg

Kenneth Reid, editor
Professor of Property Law, University of Edinburgh

Daniel Visser, editor
University of Cape Town

Show Summary Details

subscribe or login to access all content.

Contents

View:

2 Formation of Contract

MARTIN HOGG and GERHARD LUBBE

3 Interpretation of Contract

LAURA MACGREGOR and CAROLE LEWIS

4 Good Faith in Contract Law

FRITZ BRAND and DOUGLAS BRODIE

5 Defects of Consent

JACQUES DU PLESSIS and WILLIAM W. McBRYDE

5 Illegal Contracts

HECTOR MACQUEEN and ALFRED CCOCKRELL

7 Breach of Contract

ERIC CLIVE and DALE HUTCHISON

8 Contracts for the Benefit of Third Parties

PHILIP SUTHERLAND and DAVID JOHNSTON

9 Agency

A. D. M FORTE and J. P. VAN NIEKERK

10 Sale

ROBIN EVANS-JONES and ALASTAIR SMITH *

11 Lease

CHARL HUGO and PHILIP SIMPSON

12 Suretyship and Cautionary Obligations

SANDRA EDEN and J. T. PRETORIUS

14 Unjustified Enrichment

NIALL R.WHITTY And DANIEL VISSER

16 Enrichment by Act of the Party Enriched

JOHN BLACKIE and IAN FARLAM

17 Negligence

ANTON FAGAN

18 Impairment of Reputation, Dignity and Privacy

JONATHAN BURCHELL and KENNETH McK. NORRIE

19 Nuisance

FRANÇIS DU BOIS and ELSPETH REID

20 Strict Liability

ELSPETH REID and MAX LOUBSER

21 Property Law: Some Themes and Some Variations

KENNETH REID and C.G. VAN DER MERWE

22 Acquisition of Ownership

D.L. CAREY MILLER and ANNE POPE

23 Co-ownership

DUARD KLEYN and SCOTT WORTLEY

24 Servitudes and Real Burdens

W.M. GORDON and M.J. DE WAAL

25 Rights in security

GERRIT PIENAAR and ANDREW J.M. STEVEN

26 Assignation/cession

PETRUS NIENABER and GEORGE GRETTON

27 Trusts

M.J. DE WAAL and R.R.M. PAISLEY

End Matter