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

Hardcover | March 22, 2005

EditorReinhard Zimmermann, Kenneth Reid, Daniel Visser

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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 Scotlandand 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 law ofthe early modern period fall under the influence of English law after the Act of Union in 1707. The result, in each case, was a system of law which drew from both of the great European traditions whilst containing distinctive elements of its own. This volume sets out to compare the effects of this historical development by assessing whether shared experience has led to shared law. Key topics from the law of property and obligations are examined, collaboratively and comparatively, by teams of leading experts from both jurisdictions. Theindividual chapters reveal an intricate pattern of similarity and difference, enabling courts and legal writers in Scotland and South Africa to learn from the experience of a kindred jurisdiction. They also, in a number of areas, reveal an emerging and distinctive jurisprudence of mixed systems, andthus suggest viable answers to some of the great questions which must be answered on the path towards a European private law.

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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 Scotlandand South Africa. In South Africa the Roman-...

Reinhard Zimmermann is Director of the Max-Planck-Institute of Comparative Private Law and Private International Law in Hamburg, and Professor of Private Law, Roman Law and Comparative Legal History at the University of Regensburg. Kenneth Reid is Professor of Property Law at the University of Edinburgh, and has been a Scottish Law Co...
Format:HardcoverDimensions:962 pages, 9.21 × 6.14 × 2 inPublished:March 22, 2005Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199271003

ISBN - 13:9780199271009

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Table of Contents

Professor Reinhard Zimmermann: IntroductionPart 1: ContractMartin Hogg and Professor Gerhard Lubbe: FormationProfessor Jacques du Plessis and Professor W W McBryde: Defects of ConsentMrs Justice Carole Lewis and Laura J Macgregor: InterpretationProfessor Alfred Cockrell and Professor Hector MacQueen: IllegalityProfessor David Johnston and Dr Phillip Sutherland: Jus Quaesitum Tertio / Stipulatio AlteriMr Justice Fritz Brand and Dr Douglas Brodie: Good FaithProfessor Dale Hutchison and Professor Eric Clive: BreachProfessor Robin Evans-Jones and Dr Alastair Smith: SaleSandra Eden and Professor Jopie Pretorius: Surety / CautionProfessor Angelo Forte and Professor J P van Niekerk: AgencyProfessor Charl Hugo and Philip Simpson: Hire / LeasePart 2: DelictProfessor Daniel Visser and Professor Niall Whitty: OverviewAnton Fagan and Professor Joe Thomson: NegligenceProfessor Max Loubser and Elspeth Reid: Strict LiabilityProfessor Jonathan Burchell and Professor Kenneth Norrie: DefamationFrancois du Bois and Elspeth Reid: Neighbour LawProfessor John Blackie and Mr Justice Ian Farlam: Disgorgement of Benefits as a Result of WrongsPart 3: Obligations arising neither from Contract nor from DelictProfessor Daniel Visser and Professor Niall Whitty: Unjustified EnrichmentSaul Miller: Restitution following Failed ContractsMr Justice Deon van Zyl and Professor Niall Whitty: Negotiorum GestioPart 4: PropertyProfessor Kenneth Reid and Professor C G van der Merwe: OverviewProfessor David Carey Miller and Anne Pope: Acquisition of OwnershipProfessor Duard Kleyn and Scott Wortley: Co-ownershipProfessor William M Gordon and Professor Marius de Waal: ServitudesProfessor Derek van der Merwe and Scott Wortley: Good FaithProfessor Gerrit Pienaar and Dr Andrew Steven: Rights in SecurityProfessor Marius de Waal and Professor R R M Paisley: TrustsProfessor George Gretton and Mr Justice P Nienaber: Cession / Assignation