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Undoing Delict


Undoing Delict
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Undoing Delict


Undoing Delict
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Author : Anton Fagan
language : en
Publisher:
Release Date : 2018

Undoing Delict written by Anton Fagan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Damages categories.


Anton Fagan has taught the South African law of delict for twenty years and has written extensively on the subject. Undoing Delict: The South African Law of Delict under the Constitution includes his ten best previously published articles and essays. They deal with a range of topics, such as wrongfulness, causation, pure economic loss, and defamation. Several of the contributions investigate the impact of the Constitution, or of certain Constitutional Court judgments, on the law of delict or a part thereof. In addition, Undoing Delict includes a previously unpublished essay in which Fagan develops a new explanation of what it means for intentional harm-causing conduct to be wrongful. Many of the views put forward in this book are controversial and their defence against contrary views is at times robust. But the aim throughout is to deepen or advance our understanding of important and interesting, and in some instances puzzling, aspects of the South African law of delict.



Southern Cross


Southern Cross
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Author : Reinhard Zimmermann
language : en
Publisher: Oxford University Press
Release Date : 1996

Southern Cross written by Reinhard Zimmermann and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with History categories.


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. Here is a book aimed at both European and South African audiences. For European lawyers it provides a stimulating 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 system. The starting point for each essay is the "pure" Roman-Dutch law as it was transplanted to the Cape of Good Hope in the years following 1652 (and as it has been examined in considerable detail in another volume edited by Robert Feenstra and Reinhard Zimmerman, published in 1992). The analysis focuses on how the Roman-Dutch law has been preserved, changed, modified or replaced in the course of the nineteenth century when the Cape became a British colony; and on what happened after the creation of the union of South Africa in 1910. Each essay therefore attempts, in the field of law with which it is dealing, to answer questions such as: what was the level of interaction between the civil law and the common law? What were the mechanisms that brought about the particular form of competition, coexistence or fusion that exists in that area of law? Is the process complete or is it still continuing? Is it possible to observe the emergence, from these two routes, of a genuinely South African private law? How is the result to be evaluated? In establishing reception patterns at the level of specific areas of law, they go beyond generalization about the compatibility of the two traditions and present evidence of a possible symbiosis of English and Continental law. For South African readers the principal value of the book is that it offers essays by the most prominent South African private lawyers refelecting on the history of their subjects. It therefore constitutes the first stage in the writing of a history of substantive private law in South Africa. So far the focus has mainly been on the so called "external history" of South African law, and such texts as there are on the development of the institutions of private law are often in Afrikaans and mainly to be found in unpublished theses. Thus this book fulfils a real need for those teaching South African private law and legal history. Although the volume investigates a specific aspect of the making of modern South African law it is imperative not to lose sight of the fact that private law in that country, as every way else did not develop in a vacuum, but as part of a wider political and social prcess. For this reason the book opens with an essay which contextualizes the contributions that follow, giving a view of the "setting" in which the development of South Africa took place: colonial domination, cultural imperialism, and racial and nationalistic ideologies. Two further introductory essays pay specific attention to the impact of the procedural framework on the substantive private law and to the "architects" of the mixed system.



The Historical Foundations Of Grotius Analysis Of Delict


The Historical Foundations Of Grotius Analysis Of Delict
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Author : Joe Sampson
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2017-11-16

The Historical Foundations Of Grotius Analysis Of Delict written by Joe Sampson and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-16 with Law categories.


The Historical Foundations of Grotius’ Analysis of Delict explores the origins of the generalised model of liability for wrongdoing presented in the writings of Grotius, analysing the extent to which earlier civilian and theological doctrines shaped his views.



Law Of Damages Through The Cases


Law Of Damages Through The Cases
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Author : P. J. Visser
language : en
Publisher: Juta and Company Ltd
Release Date : 2004

Law Of Damages Through The Cases written by P. J. Visser and has been published by Juta and Company Ltd this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.




Neethling Potgieter Visser Law Of Delict


Neethling Potgieter Visser Law Of Delict
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Author : J. Neethling
language : en
Publisher:
Release Date : 2014

Neethling Potgieter Visser Law Of Delict written by J. Neethling and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Damages categories.




Introduction To Roman Law


Introduction To Roman Law
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Author : William Alexander Hunter
language : en
Publisher:
Release Date : 1880

Introduction To Roman Law written by William Alexander Hunter and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1880 with Roman law categories.




Introduction To Roman Law


Introduction To Roman Law
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Author : William A. Hunter
language : en
Publisher:
Release Date : 1892

Introduction To Roman Law written by William A. Hunter and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1892 with Roman law categories.




Proportionality In Action


Proportionality In Action
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Author : Mordechai Kremnitzer
language : en
Publisher: Cambridge University Press
Release Date : 2020-04-30

Proportionality In Action written by Mordechai Kremnitzer and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-30 with Law categories.


A comparative and empirical analysis of proportionality in the case law of six constitutional and supreme courts.



Proof Of Causation In Tort Law


Proof Of Causation In Tort Law
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Author : Sandy Steel
language : en
Publisher: Cambridge University Press
Release Date : 2015-09-11

Proof Of Causation In Tort Law written by Sandy Steel and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-09-11 with Law categories.


A clear, critical analysis of proof of causation in the law of tort in England, France and Germany.



Trust Law In South Africa


Trust Law In South Africa
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Author : Walter D. Geach
language : en
Publisher:
Release Date : 2017

Trust Law In South Africa written by Walter D. Geach and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Trusts and trustees categories.