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Historical Foundations Of South African Private Law

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Historical Foundations of South African Private Law

Historical Foundations of South African Private Law Book
Author : Ph. J. Thomas,C. G. Van der Merwe,B. C. Stoop
Publisher : Butterworth-Heinemann
Release : 1998
ISBN : 0987650XXX
File Size : 29,6 Mb
Language : En, Es, Fr and De

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Book Summary :

Download Historical Foundations of South African Private Law book written by Ph. J. Thomas,C. G. Van der Merwe,B. C. Stoop and published by Butterworth-Heinemann with total hardcover pages 436 . Available in PDF, EPUB, and Kindle, read book directly with any devices anywhere and anytime.

Southern Cross

Southern Cross Book
Author : Reinhard Zimmermann,Daniel Visser,D. P. Visser
Publisher : Oxford University Press
Release : 1996
ISBN : 9780198260875
File Size : 36,5 Mb
Language : En, Es, Fr and De

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Book Summary :

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.

A Companion to Justinian s Institutes

A Companion to Justinian s Institutes Book
Author : Ernest Metzger
Publisher : Cornell University Press
Release : 1998
ISBN : 9780801485848
File Size : 30,9 Mb
Language : En, Es, Fr and De

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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.

Introduction to the Law of South Africa

Introduction to the Law of South Africa Book
Author : C. G. Van der Merwe,J. E. Du Plessis
Publisher : Kluwer Law International B.V.
Release : 2004-01-01
ISBN : 9041122826
File Size : 21,9 Mb
Language : En, Es, Fr and De

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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

Conquest  Constitutionalism and Democratic Contestations Book
Author : Joel M. Modiri
Publisher : Routledge
Release : 2020-06-30
ISBN : 1000022412
File Size : 48,9 Mb
Language : En, Es, Fr and De

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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

Indigenous Peoples and Real Estate Valuation Book
Author : Robert A. Simons,Rachel M. Malmgren,Garrick Small
Publisher : Springer Science & Business Media
Release : 2009-01-07
ISBN : 9780387779386
File Size : 34,8 Mb
Language : En, Es, Fr and De

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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

Ars Docendi et Scribendi  Essays in honour of Johan Scott Book
Author : Edited by the Faculty of Law, University of Pretoria
Publisher : Pretoria University Law Press
Release : 2022-11-29
ISBN : 0987650XXX
File Size : 31,7 Mb
Language : En, Es, Fr and De

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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

Consequences of Possession Book
Author : Eric Descheemaeker
Publisher : Edinburgh University Press
Release : 2014-05-19
ISBN : 0748693653
File Size : 26,8 Mb
Language : En, Es, Fr and De

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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).