Academic literature on the topic 'Roman-Dutch law'
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Journal articles on the topic "Roman-Dutch law"
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Jansen, C. J. H., and W. J. Zwalve. "De Wetenschap Van Het Oudvaderlands Privaatrecht En Het Tijdschrift Voor Rechtsgeschiedenis." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 61, no. 3 (1993): 401–9. http://dx.doi.org/10.1163/157181993x00240.
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AbstractThe history of Dutch private law, or - as it was called - 'ancient national law' ('oud vaderlands recht'), which was taught at Dutch universities since the days of S.J. Fockema Andreae sr (1844-1921), suffered from at least three serious disadvantages, viz. the absence of anything like a "Dutch nation" before the creation of the modern centralized state in 1798, the absence of anything like a "national law", least of all private law, before the enactment of the first Dutch civil code of 1809 and the inability to come to terms with the reception of Roman law, which was regarded as a cataclysmic event brought about by the "unhistoric" attitude of sixteenth-century Dutch lawyers (S.J. Fockema Andreae jr in 1950). Hence the emphasis on pre-reception medieval law and public rather than private law. On the other hand, the Dutch civilians were interested in "classical" Roman law rather than the history of private law after the reception of Roman law in the Netherlands. To most of them Roman law had become distorted and disfigured in the process. So the study of the history of substantive private law of the era between the reception of Roman law and the enactment of the first civil code was rather unattractive to both groups of legal historians. To the "germanists" national law was tainted with Roman law, whereas to the civilians, the "romanists", Roman law had become contaminated by the mould of ancient customary and statutory law and the expediency of legal practitioners. So, in spite of the fact that the very same era is commonly regarded as the heyday of Dutch legal science (Voetius, Grotius, Vinnius), no comprehensive introduction to what is also commonly regarded as a most important Dutch contribution to European legal culture, viz. "Roman-Dutch" law, was ever written in the Netherlands. Students had to be referred to R.W. Lee's Introduction to Roman-Dutch Law, an English textbook! The volumes of the Tijdschrift voor Rechtsgeschiedenis bear witness to this sorry state of affairs. There are many learned and solid articles on subjects of classical Roman law and French customary law, but relatively very few on subjects of substantive Dutch private law and even less on subjects of "Roman-Dutch" law. There is, of course, an explanation for this. The "germanists" had (and have) their own magazine, the "Verslagen en Mededeelingen" ("Reports and Proceedings"), published by de "Vereniging tot uitgaaf der bronnen van het oud-vaderlands recht" (the "Society for the edition of the sources of ancient national law"), founded in 1879, whereas there is also, as far as "Roman-Dutch" law is concerned, the "Tydskrif vir Hedendaagse Romeins-Hollandse Reg", published in South Africa. There is another consideration to be taken into account too: much of what has been written on the history of substantive Dutch private law in the last 75 years was not, or at least not primarily, written with a public consisting of legal historians in mind, but in view of practical questions of and developments in modern Dutch private law intended to be read by legal practitioners, rather than the professional historians. That is why so much which would have been of interest to professional historians at large, was published in Dutch and in Dutch legal journals. So, in the final analysis, it is the international profile and the emphasis on history that have prevented the publication of more articles on the history of substantive Dutch private law in the volumes of the Tijdschrift voor Rechtsgeschiedenis.
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Kotlyar, Ilya A. "Bankruptcy and the Praetorian Pledge: The Law of the Books and the Law in Action in the Early Modern Netherlands." Studia Iuridica 80 (September 17, 2019): 181–96. http://dx.doi.org/10.5604/01.3001.0013.4799.
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The article points out at the discrepancy between the different Mss. of the Roman Justinianic text: Littera Pisana and Littera Bononiensis. The discrepancy entailed that the doctrine of medieval Ius Commune offered stronger protection of the collective rights of the creditors, in comparison with the Classical Roman law. The Roman Dutch “Elegant School”, despite its general reliance on the original Roman sources, already in the writings of Grotius demonstrated allegiance to the medieval doctrine on the issue of bankruptcy. The authors of the “Elegant School” continued to prefer the medieval interpretation of the creditors’ rights and bankruptcy, although Dutch practice was, in many respects, drastically different from the Ius Commune doctrine. This ensured a strong protection of creditors in bankruptcy in Dutch law.
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Mańko, Rafał. "PRAWO RZYMSKIE JAKO ŹRÓDŁO PRAWA W AFRYCE POŁUDNIOWEJ." Zeszyty Prawnicze 3, no. 1 (March 29, 2017): 139. http://dx.doi.org/10.21697/zp.2003.3.1.05.
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ROMAN LAW AS A SOURCE OF LAW IN SOUTHERN AFRICASummary Roman law is usually regarded as an object o f historic study and not as a practical discipline of the legal science. However, the situation is different in six South African states - the Republic of South Africa, Zimbabwe, Lesotho, Swaziland, Botswana and Namibia - which have preserved the uncodified ius commune europaeum brought by the Dutch to the Cape of Good Hope in the 17th century.The hierarchy of the fontes iuris oriundi in the South African legal system seems to be the following: the Constitution, statutes, customary law, case-law, Roman-Dutch law and Roman law. The position occupied by Roman law is in fact only subsidiary, however it is a source of law and is referred to from time to time in the case-law. On the other hand it permeates the whole legal system which is based on fundamental notions derived from Roman law, which have been preserved and developed in the treatises of the Roman-Dutch jurists and the case-law of the courts.The frequency o f citations of Roman law in the South African case-law has been an object of two major studies. One, conducted by Van Der Merve concerned the period 1970-1979, the other, by Du Plessis - took into account the cases of 1990-1991. The studies revealed that Roman sources are cited in 4,7-4,8% of the case-law. According to another study by Zimmermann, only in half o f those cases the Roman sources were relevant for deciding the case.Nevertheless, it is submitted that these figures should be treated as significant, especially when compared with the position occupied by Roman sources in the modern case law in other civilian jurisdictions.
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Schäfer, Lawrence. "The judicial development of the Roman-Dutch doctrine of parental authority in South African law." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 76, no. 1-2 (2008): 133–53. http://dx.doi.org/10.1163/157181908x277590.
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AbstractThe Roman-Dutch doctrine of parental authority differed markedly from the parallel doctrine in English common law, particularly in relation to the balance of power between parents and generally in relation to illegitimate children. This paper traces the judicial development of the Roman-Dutch doctrine by the South African courts and focuses on two important turning points, at which the unnecessary adoption of principles of English law resulted in a departure from Roman-Dutch principles. The product of this judicial development was a doctrine of parental authority that differentiated sharply between legitimate and illegitimate children, and greatly impeded the capacity of judges to apply the 'best interests' principle in disputes concerning the latter.
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Henning, Johan. "Perspectives on financial crimes in Roman‐Dutch law." Journal of Financial Crime 16, no. 4 (October 9, 2009): 295–304. http://dx.doi.org/10.1108/13590790910993771.
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van Hoof, Vincent J. M. "Grotius’s Contribution to the Law of Secured Credit." Grotiana 44, no. 2 (December 29, 2023): 247–75. http://dx.doi.org/10.1163/18760759-44020003.
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Abstract Over the centuries, Grotius’s writings on onderzetting (rights of hypothec) have been widely cited, particularly in the Netherlands and South Africa. This article investigates the originality and lasting impact of Grotius’s contributions to this field. The article follows the layout of the chapter on hypothecs of Grotius’s Inleiding tot de Hollandsche Rechts-geleertheyd. It examines Grotius’s translation of hypotheca as onderzetting, the structure of his Inleiding, the distinctions between various kinds of hypothec, and contemporary requirements for the creation of hypothecs. It then explores the right to follow encumbered assets into the hands of third parties and analyses the enforcement of hypothecs, priority issues in cases of competing hypothecs, and reflects on Grotius’s influence on Dutch security rights. In summary, although Grotius’s insights were largely derivative, often echoing interpretations of earlier scholars, they illustrate Grotius’s deep understanding of the influence of Germanic and Roman law on Roman-Dutch security rights. Grotius had a lasting impact on legal scholarship and practice because he was the first to provide a scholarly systematization of Roman-Dutch law within the framework of Justinian’s Institutes and firmly placed the rights of hypothec in the book on property rights of his Inleiding.
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Waelkens, Laurent. "Classical Roman Law, a product of interpretation from the Early Modern Times." Tijdschrift voor Rechtsgeschiedenis 87, no. 4 (December 19, 2019): 575–97. http://dx.doi.org/10.1163/15718190-00870a08.
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SummaryThe study of the Roman law we know today, started in the twelfth century and was based on sources preserved from Roman Antiquity. The interpretation of these antique texts was, however, always contemporary and never reflected their original meaning. In this article we assess the importance of medieval and early modern interpretation and, by analyzing a series of thirteen classical notions of Roman law, illustrate how what we call “classical Roman law” nowadays found its origins especially in Early Modern Times. The article also brings an English summary of a series of articles we wrote in French and Dutch.
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de Jong, Hylkje. "De zorgplicht van de bruiklener: van custodia naar culpa." Pro Memorie 21, no. 1 (January 1, 2019): 27–53. http://dx.doi.org/10.5117/pm2019.1.003.dejo.
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Summary The borrower’s liability, as stated in article 7A:1781 section 1 of the Dutch Civil Code, differs from the Roman law tradition. In Justinian and Medieval Roman law the borrower’s liability was determined in accordance with the utility principle. As a consequence, the borrower was in some cases even without fault liable for theft. Roman law still played a role in the development towards the rule in the Dutch Civil Code, but ultimately the influence of the French Civil Code turned out to be stronger and has to be considered as the turning point in the interpretation of the borrower’s liability. The duty of care of a borrower comprise now merely due diligence (‘zorg van een goed huisvader’). Judges make a proper assessment to determine the liability of the borrower, taking into account the interests of the parties, the obligations of the parties and the circumstances.
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Sanders, A. J. G. M. "Law Reporting in Swaziland." Journal of African Law 29, no. 1 (1985): 94–101. http://dx.doi.org/10.1017/s0021855300005659.
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The doctrine of judicial precedent forms an integral part of the general law of Swaziland. This doctrine would be unworkable without the publication of law reports. The following is an account of the Swaziland law-reporting process.The Kingdom of Swaziland, which regained its independence on 6 September, 1968, has retained the dual structure of laws and courts which it inherited from the British administration. In terms of this structure the traditional Swazi law and Swazi courts operate under the umbrella of the general law and the ultimate control of the general law courts.The country's general law is based on the Roman–Dutch law. When the British found that Civilian system of law to be well-established on their arrival in Southern Africa, they decided to respect it. However, many elements of English law were introduced. The doctrine of judicial precedent was one of them.Even though Swaziland shares with South Africa (including its “independent homelands”), Botswana, Lesotho, Namibia and Zimbabwe a mixed general legal system which resulted from the interaction between the Roman–Dutch Civilian law and the English Common law, its general law operates independently.
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Oppong, Richard Frimpong. "Roman-Dutch law Meets the Common law on Jurisdiction in International Matters." Journal of Private International Law 4, no. 2 (August 2008): 311–27. http://dx.doi.org/10.1080/17536235.2008.11424342.
Full textDissertations / Theses on the topic "Roman-Dutch law"
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Horst, M. H. J. van den. "Compensation for improvements the Roman Dutch law in Sri Lanka /." Amsterdam : Free University Press, 1989. http://catalog.hathitrust.org/api/volumes/oclc/21121750.html.
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Fine, Hilton. "The administration of criminal justice at the Cape of Good Hope, 1795-1828." Doctoral thesis, University of Cape Town, 1991. http://hdl.handle.net/11427/4674.
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Includes bibliography.The administration of justice at the Cape cannot be seen separately from the substantive law which was applied during the period 1795 to 1828. Therefore, in order to actualise the administrative of criminal justice during this period, the sources of criminal law are considered and their significance for the administration of justice are explained.
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Hermaratne, Tissa Siri Kumara. "Intellectual property law and e-commerce in Sri-Lanka : towards a jurisprudence based on constitution, Roman-Dutch law and Buddhist principle." Thesis, Queen Mary, University of London, 2005. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1774.
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Modem developments in technology, connnerce and the cultural industries pose problems for intellectual property in Sri Lanka, as everywhere. Case law may be used for judicial guidance but there are comparatively few reported cases from the Sri Lankan courts. By examining Sri Lanka's juridical history and Constitution, together with constitutionally recognised Buddhist principles, it is possible to suggest further sources of guidance for judges. Using the proposed framework, it may be possible for the judges to apply existing law to new situations and avoid the need for constant legislative change in an attempt to keep up with developments and comply with Sri Lanka's international obligations. The extent to which such guidance may be useful is explored by looking at specific issues, which have caused difficulty in other jurisdictions. It is hoped that the proposed techniques could be used to build up a body of Sri Lankan jurisprudence. Ms may prove more stable and effective than incremental legislation. 'Status juris - 'Mis study (unless otherwise stated) based on material available as at 0 1.12.2004 and the law in force on that date.
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Small, Jonathan Noel. "Re-evaluating the law of vicarious liability in South Africa." Thesis, Rhodes University, 2008. http://hdl.handle.net/10962/d1004771.
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This thesis is an analysis of the law of vicarious liability and its application within the legal framework of delict in South Africa. A brief overview of the historical development of this branch of law is given, with reference to the influences of Roman, Roman-Dutch and English law. That is followed by an exposition of the 'modem' interpretation of vicarious liability as applied in South African courts, highlighting apparent inconsistencies and the need for reform in what has become a persistently controversial area of law. Specific attention is paid to the so-called 'course and scope enquiry' and to the enduring difficulties associated with attributing liability to employers for the deliberate wrongful conduct of their employees. It is argued that the courts have yet to reach consensus on a general principle capable of being applied to the facts of so-called 'deviation cases', and that consequently the legal divergence on these matters gives rise to uncertainty and concern. It is submitted that the way in which the traditional test for vicarious liability is currently applied fails to give true effect to the policy considerations upon which this branch of law is founded. By way of comparison with the South African position, a detailed account of the law of vicarious liability in comparable foreign jurisdictions is given, with emphasis placed on recent developments in England and the British Commonwealth. The study then moves to an analysis of the various policy considerations behind vicarious liability, with particular attention being paid to the role of risk-related liability and the role of risk-assumption in the 'course and scope' enquiry. A comparative analysis follows, highlighting differences between the approaches of the foreign jurisdictions and that taken by the South African courts. The work concludes with a proposal that the South African courts should broaden the scope of vicarious liability and opt for a model similar to that which has recently been adopted in Canada.
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Grobler, Marelize. "Towards a legal history of white women in the Transvaal, 1877-1899." Diss., University of Pretoria, 2009. http://hdl.handle.net/2263/27046.
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This dissertation creates a background for studying white women in the Transvaal between 1877 and 1899. Legal documents are used as primary sources, as they are invaluable for researching women’s history, in that they provide a new perspective. When writing women’s history, it must be grounded in theory, as, especially when it comes to history in court cases, concepts like ‘history as performance’ and ‘occasionalism’ are significant. Of course, an eye must also firmly be held on concepts such as ‘gender’ and ‘deconstruction’, since it dictates how one should approach one’s sources. A history of the Transvaal is necessary, for when studying the court cases one must be able to position the women within a framework of their lives, and what type of living they made. Therefore, part of the dissertation is a political, but also social and economic, history of the Transvaal, written with specifically white women in mind. Sources for the socio-economic historical framework include literary accounts and secondary works on the period. The framework for the court cases further includes creating a legal stage on which to position women, which is accomplished by using legal sources like law reports, but also laws and resolutions. It is only once a detailed framework has been created that one can scrutinise court cases for issues surrounding white Transvaal women’s legal position, and agency. AFRIKAANS : Hierdie verhandeling skep die agtergrond vir ‘n studie van wit vroue in Transvaal tussen 1877 en 1899. Regsdokumente word as primêre bronne gebruik, aangesien dit van onskatbare waarde is in die ondersoek van vrouegeskiedenis, deurdat dit ‘n nuwe perspektief bied. Die skryf van vrouegeskiedenis moet in teorie gegrond wees, aangesien konsepte soos ‘history as a performance’ en ‘occasionalism’ belangrik is, veral wanneer dit kom by geskiedenis in hofsake. ‘n Ferm blik moet natuurlik ook gehou word op konsepte soos ‘gender’ en ‘dekonstruksie’ aangesien dit bepaal hoe die bronne benader moet word. ‘n Geskiedenis van Transvaal is nodig, want dit moet moontlik wees om vroue te posisioneeer binne die raamwerk van hulle lewens en die tipe bestaan wat hulle gevoer het. ‘n Gedeelte van die verhandeling behels derhalwe ‘n politieke, maar ook ‘n sosiale en ekonomiese geskiedenis van Transvaal, geskryf spesifiek met wit vroue in gedagte. Bronne vir die sosio-ekonomiese historiese raamwerk sluit verder in die skep van ‘n regsverhoog waarop die vroue geposisioneer kan word. Dit word daargestel deur gebruik te maak van regsbronne soos wetsverslae, asook wette en besluite. Eers wanneer so ‘n uitvoerige raamwerk gekonstrueer is, kan die hofsake bestudeer word vir kwessies rondom wit Transvaalse vroue se regsposisie, en hulle betrokkenheid by hulle eie agenda. CopyrightDissertation (MHCS)--University of Pretoria, 2009.
Historical and Heritage Studies
unrestricted
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Roos, Cornelius Johannes. "Die strafbaarheid van furtum possessionis in die Suid-Afrikaanse reg." Diss., 1997. http://hdl.handle.net/10500/17631.
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Text in AfrikaansTheft in South African law is one of the most well-known common law crimes. It is also one of the crimes in respect of which opinions vary considerably. Furtum possessionis is one of the manifestations of the crime of theft at common law. The general requirements of furtum possessionis were already established in Roman law. Emphasis was not placed on the taker of the thing but on the particular position of the person who was deprived of the property. This approach was also followed in Roman-Dutch law. Fur tum possessionis in South African law can be defined as follows: It is the unlawful and intentional appropriation by the owner or someone else of a movable corporeal thing in commercio, in circumstances in which the possessor of the thing has a valid right of retention of the thing, with the intention of depriving the possessor permanently of control of the thing. Theft in the form of furtum possessionis differs in an important respect from theft in the form of the removal of a thing. In the case of removal the complainant can also be a person acting as a holder, that is someone exercising control of the thing on behalf of the owner. In the case of furtum possessionis the complainant is the person with the right of retention and from whose possession the thing is taken away. The accused either possesses the thing as an owner or as a holder before possession of the thing was transferred to the complainant. Mere possession is not enough. The possession of the complainant has to be accompanied by a right to retention. Furthermore the possession of the thing has to be lawful
Criminal & Procedural Law
LL.M. (Criminal & Procedural Law)
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Wiese, Mitzi. "Die aard en werking van retensieregte : 'n regsvergelykende studie." Thesis, 2012. http://hdl.handle.net/10500/8478.
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Text in AfrikaansThis thesis deals with the nature and operation of liens in South African law. Whereas enrichment liens are classified as real rights, debtor creditor liens are not (sometimes they are referred to as personal rights). The South African law of lien is principally founded on Roman Dutch law and is similar to Dutch law before the enactment of the current Burgerlijk Wetboek (BW). In Dutch law the BW specifies which persons have a lien and under what circumstances. In South African law a creditor can establish a lien against an owner who has a duty to perform in terms of an agreement between the parties or, in the absence of such an agreement, on the basis of unjustified enrichment. My research has shown that a lien is not a subjective right but a capacity vested in a creditor by operation of law. It empowers him to retain an owner’s (debtor) thing until the creditor’s claim against him has been discharged. Extra-judicially the lien holder can rely on his lien or he can raise it as a defence against the owner’s rei vindicatio. The categorisation of liens as either enrichment liens, or debtor creditor liens is at the most an indication of the different sources of the creditor’s right to which the lien is accessory. In Dutch law liens are classified as verhaalsrechten on the owner’s estate. These rights (verhaalsrechten) are further classified as specific opschortingsrechten. A lien is therefore a capacity granted to certain creditors by law to retain an owner’s (debtor) thing. Regarding the operation of liens against third parties (derdenwerking), Dutch law distinguishes between a third party with an older right to the thing and a third party with a later right to the thing. In South African case law derdewerking (real operation) of liens is often used to explain the fact that the lienholder may, in the absence of an agreement with the owner, retain the owner’s thing until his claim against the owner has been discharged. In South African law a lien is a defence to the owner’s rei vindicatio. Reliance on real operation (derdewerking) is often a means of explaining that a lien exists against an owner with whom the creditor had no agreement. Real operation, however, refers to the question against whom other than the owner the lien may be enforced once its existence has been established. A lien can be enforced against the creditors of the owner (debtor), the curator of the debtor’s insolvent estate, heirs, mortgagees and servitude holders. In Dutch law the BW grants preference to liens. Owing to the particular provisions of the Insolvency Act 24 of 1936 liens in South African law enjoy preference above other secured creditors of the insolvent owner (debtor).
Hierdie proefskrif handel oor die aard en werking van retensieregte in die Suid- Afrikaanse reg. Verrykingsretensieregte word algemeen as saaklike regte bestempel en skuldeiser-skuldenaar-retensieregte nie. Laasgenoemde word soms as persoonlike regte tipeer. Die Suid-Afrikaanse reg insake retensieregte is hoofsaaklik op die Romeins-Hollandse reg geskoei en stem in ‘n groot mate ooreen met die posisie in die Nederlandse reg voor die inwerkingtreding van die huidige Burgerlijk Wetboek (BW). In die Nederlandse reg bepaal die BW uitdruklik watter persone in watter omstandighede ‘n retensiereg het. In die Suid-Afrikaanse reg kan ‘n skuldeiser ‘n retensiereg vestig teen ‘n eienaar wat prestasiepligtig is op grond van ‘n ooreenkoms met die skuldeiser of, in die afwesigheid van ‘n ooreenkoms, op grond van verryking. My navorsing toon dat ‘n retensiereg nie ‘n subjektiewe reg is nie, maar ‘n terughoudingsbevoegdheid wat deur regswerking totstandkom. Dit stel die skuldeiser in staat om die eienaar (skuldenaar) se saak te hou totdat die eienaar voldoen aan die vorderingsreg wat die skuldeiser teen hom het. Die retensiereghouer kan buitegeregtelik daarop steun, of dit as ‘n verweer teen die eienaar se rei vindicatio aanwend. Die kategorisering van retensieregte in skuldeiser-skuldenaar-retensieregte en verrykingsretensieregte is hoogstens aanduidend van die verskillende ontstaansbronne van die vorderingsreg waartoe die retensiereg aksessoor is. In die Nederlandse reg word retensieregte in die BW as verhaalsregte op die eienaar se boedel geklassifiseer. Hierdie verhaalsregte word uitdruklik as besondere opskortingsregte getipeer. ‘n Retensiereg is dus ‘n terughoudingsbevoegdheid wat deur die objektiewe reg aan sekere skuldeisers verleen word. Ten aansien van die derdewerking van retensieregte tref die Nederlandse reg ‘n onderskeid tussen ‘n derde met ‘n later reg op die saak en ‘n derde met ‘n ouer reg op die saak. In die Suid-Afrikaanse regspraak word “derdewerking” dikwels aangewend om te verklaar waarom die retensiereghouer ‘n eienaar se saak mag terughou totdat hy vergoed is vir uitgawes wat hy aan die eienaar se saak aangebring het, terwyl hy geen ooreenkoms met die eienaar gehad het nie. In die Suid-Afrikaanse reg is ‘n retensiereg ‘n verweer wat teen die eienaar se rei vindicatio geopper kan word. Die beroep op “derdewerking” is dus dikwels die kapstok om te bepaal of ‘n retensiereg teen die eienaar geopper kan word, terwyl dit eintlik verwys na die afdwingbaarheid van ‘n bestaande retensiereg teen ander persone as die eienaar. ‘n Retensiereg kan teen skuldeisers van die skuldenaar, die kurator van die skuldenaar se insolvente boedel, erfgename, verbandhouers en serwituutgeregtigdes afgedwing word. In die Nederlandse reg verleen die BW voorkeur aan retensieregte. Vanweë die besondere bepalings in die Insolvensiewet 24 van 1936 geniet retensieregte in die Suid-Afrikaanse reg ook voorkeur bo ander versekerde skuldeisers van die insolvente eienaar (skuldenaar).
Private Law
LL.D.
Books on the topic "Roman-Dutch law"
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M. H. J. van den Horst. The Roman Dutch law in Sri Lanka. Amsterdam: Free University Press, 1985.
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Zimmermann, Reinhard, 1952 Oct. 10- and Visser D. P, eds. Southern cross: Civil law and common law in South Africa. Oxford: Clarendon Press, 1996.
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Paul, Van Warmelo, Visser Coenraad J, and Grotius Hugo 1583-1645, eds. Observationes ad Hugonis Grotii manudictionem. Praetoriae: Sumptibus Civitatis, 1987.
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E, Spruit J., Kamba Walter, and Hinz Manfred O. 1936-, eds. Roman law at the crossroads: Papers of the congress organized by the Department of Roman Law of the University of Utrecht and Faculty of Law of the University of Namibia, Windhoek, 30 June-1 July 1997. Kenwyn: Juta & Co., 2000.
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Bersani, Carlo. Nonnulla distinctio: Status e ceti nel secolo d'oro delle Province Unite. Roma, Italy: Viella, 2009.
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Leeuwen, Simon van. Part I, book V of Censura forensis: Theoretico-practica. 4th ed. Pretoria: Published by the Govt. Printer on behalf of the South African Law Commission, 1991.
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Kleyn, D. G. Silberberg and Schoeman's The law of property. 4th ed. Durban: LexisNexis Butterworths, 2003.
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A, Boraine, Du Plessis W, and Silberberg Harry, eds. Silberberg and Schoeman's The law of property. 3rd ed. Durban: Butterworths, 1992.
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Roman-Dutch law in Sri Lanka: An introduction : its origin, scope and application. [Colombo]: [S. Sarath Mathilal De Silva], 2013.
Find full textBook chapters on the topic "Roman-Dutch law"
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Oosterhuis, Janwillem. "Roman Dutch Criminal Law and Calvinism: Calvinist Morality in De Criminibus (1644) of Antonius Matthaeus II." In Ius Gentium: Comparative Perspectives on Law and Justice, 67–95. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-64163-4_4.
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"Roman-Dutch law." In The Making of South African Legal Culture 1902–1936, 155–96. Cambridge University Press, 2001. http://dx.doi.org/10.1017/cbo9780511495403.009.
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Guyon, Gwenaël. "« Saving Roman-Dutch Law »." In Que faire du droit privé étranger dans un territoire libéré ?, 291–312. Presses universitaires de Rennes, 2022. http://dx.doi.org/10.3917/pur.solei.2022.01.0291.
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Fagan, Eduard. "Roman-Dutch Law in its South African Historical Context." In Southern CrossCivil Law and Common Law in South Africa, 32–64. Oxford University Press, 1996. http://dx.doi.org/10.1093/acprof:oso/9780198260875.003.0002.
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Fitzpatrick, D., and M. Anderson. "South Africa." In Seafarers’ Rights, 461–84. Oxford University PressOxford, 2005. http://dx.doi.org/10.1093/oso/9780199277520.003.0016.
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Abstract South Africa’s significance in world shipping, historically and to the present day, is its geographical location. The position of South Africa, midway between Europe and the East, led to the establishment in 1652 by the Dutch East India Company of a victualling station in the Cape of Good Hope to service Dutch merchants trading to the East Indies. One of the many influences of this occupation was the application of Dutch law in South African law, with its strong Roman law roots. In 1806, the Cape of Good Hope was occupied by the British and declared a British Colony. Natal followed suit, being annexed by the British in 1843. The change in governance saw the introduction of English admiralty law alongside existing Roman-Dutch law. Thus, both the Dutch and the British systems have influenced the judicial system of South Africa which is based on Roman-Dutch law and English common law.
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"National Report for South Africa." In Commencement of Insolvency Proceedings, edited by Kathleen van der Linde. Oxford University Press, 2012. http://dx.doi.org/10.1093/oso/9780199644223.003.0015.
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That South Africa has a mixed legal system is aptly illustrated by the origin and current structure of its insolvency law. Roman-Dutch law, including the procedure of cessio bonorum, was introduced when the Dutch East India Company established a presence at the Cape of Good Hope in 1652. The Ordinance of Amsterdam of 1777 is still regarded as the basis of South African insolvency law. The first local insolvency legislation was enacted under British rule. While the 1829 Cape Ordinance introduced some English bankruptcy principles, it retained certain features of the Ordinance of Amsterdam. The English influence was extended in the subsequent Cape Ordinance 6 of 1843 which in turn formed the basis of insolvency legislation in Natal as well as in the former pre-union republics, the Orange Free State and the Transvaal. After unification in 1910, the Insolvency Act 32 of 1916 was passed. It was replaced by the current Insolvency Act 24 of 1936. This legislation does not codify the law of insolvency but applies alongside the common law principles derived from Roman-Dutch law.
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Jan L, Neels. "Part 2 National and Regional Reports, Part 2.1 Africa: Coordinated by Jan L Neels and Eesa A Fredericks, 17 South Africa: South African Perspectives on the Hague Principles." In Choice of Law in International Commercial Contracts. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198840107.003.0017.
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This chapter provides the reader with comments on the Hague Principles from the perspective of South African private international law of contract.Private international law in the Republic of South Africa is historically based on Roman–Dutch and English law, but is today influenced by domestic constitutional values, especially in the fields of international family and succession law. In the realm of the international law of obligations, the impact of the English common law is particularly strong. The notion of ‘the proper law of the contract’ is therefore widely used to indicate the law applicable to contractual obligations. The sources of private international law of contract are almost exclusively case law and the opinions of academic authors. The South African courts have always followed a comparative approach in respect of private international law, initially under the influence of an internationalist understanding of the conflict of laws. The courts would therefore certainly be entitled to refer to the Hague Principles as persuasive authority in the interpretation, supplementation, and development of the rules and principles of South African private international law.
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de Waal, Marius J. "Family Provision in South Africa." In Comparative Succession Law, 477–506. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198850397.003.0016.
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At the time of the reception of Roman-Dutch law at the Cape in the seventeenth century, both children and the surviving spouse enjoyed sufficient protection at the death of the breadwinner (normally the father and husband): children by way of the civilian legitimate portion and the spouse by way of the matrimonial property regime of community of property prevalent in Roman-Dutch law of the time. However, after the English occupation of the Cape in the early nineteenth century this protection was slowly eroded. This happened, first, by the acceptance of the principle of freedom of testation under English influence and, secondly, by the growing popularity of ante-nuptial contracts excluding community of property. This chapter explains how family protection was gradually restored in South Africa. In the case of children, this happened by the courts awarding a maintenance claim against the deceased parent’s estate; and in the case of the surviving spouse it was by means of a statutory maintenance claim against the estate of the other spouse. South African law therefore chose the common law approach of discretionary maintenance over the civilian approach of fixed shares. The chapter sets out the respective histories of these two claims as well as their operation in modern South African law. It discusses other possible protection measures and potential avoidance mechanisms. Finally, the chapter contains a brief discussion of the position of South Africans living under African customary law and the importance of the customary law principle of ‘ubuntu’ in this context.
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Thomas, Philip. "Legal Fragmentation in the Dutch Republic During the Seventeenth and Eighteenth Centuries." In Authorities in Early Modern Law Courts, 202–21. Edinburgh University Press, 2021. http://dx.doi.org/10.3366/edinburgh/9781474451000.003.0011.
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The chapter sets out the birth and the resulting confederate character of the Dutch republic, which explains the limited jurisdiction and influence of the highest court. The secrecy of in camera discussions and the practice of not motivating judicial decisions resulted in few published collections of court decisions. Forensic practice followed the medieval tradition of topical argumentation. Adaptation to changing times was reflected in the diminishing authority of Roman law supplanted by contemporary authors relying on custom and modern legislation.
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Flax, J. R., and D. Hutchison. "South Africa." In International Succession, 857–74. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780198870463.003.0049.
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This chapter begins by talking about the South African law of succession. The common law in this field is still essentially Roman-Dutch law, as updated by the courts. The chapter also analyzes the only one form of will in modern law: the statutory will. Joint or mutual wills are permitted, but are treated merely as two separate wills embodied for convenience in one document. It then looks at the order of succession in cases of intestacy, arguing that the South African law of intestacy is regulated by the Intestate Succession Act 81 of 1987. Ultimately, this chapter examines the compulsory shares or minimum percentages for a surviving spouse, civil partner or child under South African law. It also reviews the joint estate and ante-nuptial contract—highlighting that under Roman-Dutch law applicable to a South African marriage, if no ante-nuptial contract is entered into, the parties are married in community of property, the effect of which is to create a joint estate.
Conference papers on the topic "Roman-Dutch law"
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Verhagen, Philip, Jamie Joyce, and Mark Groenhuizen. "Modelling the Dynamics of Demography in the Dutch Roman Limes Zone." In Landscape Archaeology Conference. VU E-Publishing, 2016. http://dx.doi.org/10.5463/lac.2014.62.
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