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Orders Of Specific Performance And Restitutio In Integrum In South African Law
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Book Synopsis Orders of Specific Performance and Restitutio in Integrum in South African Law by : Michael A. Lambiris
Download or read book Orders of Specific Performance and Restitutio in Integrum in South African Law written by Michael A. Lambiris and published by Butterworth-Heinemann. This book was released on 1989 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis A Study of the Nature, Function and Availability of Orders of Restitutio in Integrum and Specific Performance as Remedies in South African Law by : Michael Anthony Kriton Lambiris
Download or read book A Study of the Nature, Function and Availability of Orders of Restitutio in Integrum and Specific Performance as Remedies in South African Law written by Michael Anthony Kriton Lambiris and published by . This book was released on 1987 with total page 852 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Unjust Enrichment in South African Law by : Helen Scott
Download or read book Unjust Enrichment in South African Law written by Helen Scott and published by A&C Black. This book was released on 2014-07-18 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conventional thinking teaches that the absence of liability - in particular contractual invalidity - is itself the reason for the restitution of transfers in the South African law of unjustified enrichment. However, this book argues that while the absence of a relationship of indebtedness is a necessary condition for restitution in such cases, it is not a sufficient condition. The book takes as its focus those instances in which the invalidity thesis is strongest, namely, those traditionally classified as instances of the condictio indebiti, the claim to recover undue transfers. It seeks to demonstrate that in all such instances it is necessary for the plaintiff to show not only the absence of his liability to transfer but also a specific reason for restitution, such as mistake, compulsion or incapacity. Furthermore, this book explores the reasons for the rise of unjust factors in South African law, attributing this development in part to the influence of the Roman-Dutch restitutio in integrum, an extraordinary, equitable remedy that has historically operated independently of the established enrichment remedies of the civilian tradition, and which even now remains imperfectly integrated into the substantive law of enrichment. Finally, the book seeks to defend in principled terms the mixed approach to enrichment by transfer (an approach based both on unjust factors and on the absence of a legal ground) which appears to characterise modern South African law. It advocates the rationalisation of the causes of action comprised within the condictio indebiti, many of which are subject to additional historically-determined requirements, in light of this mixed analysis.
Book Synopsis Unjustified Enrichment by : David Johnston
Download or read book Unjustified Enrichment written by David Johnston and published by . This book was released on 2005-01-28 with total page 793 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unjustified enrichment has been one of the most intellectually vital areas of private law. There is, however, still no unanimity among civil-law and common-law legal systems about how to structure this important branch of the law of obligations. Several key issues are considered comparatively in this 2002 book, including grounds for recovery of enrichment, defences, third-party enrichment, as well as proprietary and taxonomic questions. Two contributors deal with each topic, one a representative of a common-law system, the other a representative of a civil-law or mixed system. This approach illuminates not just similarities or differences between systems, but also what different systems can learn from one another. In an area of law whose territory is still partially uncharted and whose borders are contested, such comparative perspectives will be valuable for both academic analysis of the law and its development by the courts.
Book Synopsis Contract Law in South Africa by : Louis F. van Huyssteen
Download or read book Contract Law in South Africa written by Louis F. van Huyssteen and published by Kluwer Law International B.V.. This book was released on 2021-02-22 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in South Africa covers every aspect of the subject-definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in South Africa will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.
Book Synopsis Southern Cross by : Reinhard Zimmermann
Download or read book Southern Cross written by Reinhard Zimmermann and published by Oxford University Press. This book was released on 1996 with total page 1218 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book South African Law Reports written by and published by . This book was released on 1915 with total page 628 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis South African Law Reports. Eastern Districts Local Division by : Percival Carleton Gane
Download or read book South African Law Reports. Eastern Districts Local Division written by Percival Carleton Gane and published by . This book was released on 1915 with total page 628 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Law of Contract in South Africa by : Richard Hunter Christie
Download or read book The Law of Contract in South Africa written by Richard Hunter Christie and published by . This book was released on 1996 with total page 788 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis International Law Reports by : E. Lauterpacht
Download or read book International Law Reports written by E. Lauterpacht and published by Cambridge University Press. This book was released on 1979 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of courts and arbitrators, as well as judgements of national courts.
Book Synopsis The Making of European Private Law by : J. M. Smits
Download or read book The Making of European Private Law written by J. M. Smits and published by Intersentia nv. This book was released on 2002 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: The private law of the Member States of the European Union has become more and more 'European'. The fact that the European Union is making ever more use of directives as an instrument to achieve private law goals, is, in this context, not the most important development. Of much more substance is the fact that one increasingly realises that a uniform European private law has to be created, in one way or another, in the near future, if a truly common European market is to function at all. Over the last decade, Europe has witnessed the emergence of a vigorous debate about the need for and the feasibility of a future European ius commune in the field of private law. This book critically discusses this debate and provides a systematic overview of the various initiatives taken and describes the fragmentary European private law that already exists (by way of European directives, international conventions, etc.). In addition, the author aims at making a contribution to the debate by suggesting that the experience (good or bad) of the so-called 'mixed legal systems' is of great importance to the European private law venture and to the development of a uniform private law for Europe. This idea is supported by insights from Law & Economics and illustrated by South African law in particular. This idea of 'European private law as a mixed legal system' is then applied to the law of contracts, torts and property. This book takes up the challenge to give a critical examination on the various methods of creating this ius commune. A detailed table of contents, list of abbreviations, bibliography, table of cases and index complete the book and make it a valuable study for everyone interested in European private law.
Book Synopsis The Comparative and International Law Journal of Southern Africa by :
Download or read book The Comparative and International Law Journal of Southern Africa written by and published by . This book was released on 1989 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Selected Acquisitions by : Robert Crown Law Library
Download or read book Selected Acquisitions written by Robert Crown Law Library and published by . This book was released on 1989 with total page 936 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Suid-Afrikaanse Hofverslae written by and published by . This book was released on 2008 with total page 784 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book South African Law Journal written by and published by . This book was released on 1957 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Law of Contract in South Africa by : Dale Hutchison
Download or read book The Law of Contract in South Africa written by Dale Hutchison and published by . This book was released on 2017 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Judicial Remedies in International Law by : Christine D. Gray
Download or read book Judicial Remedies in International Law written by Christine D. Gray and published by Oxford University Press. This book was released on 1990 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This detailed reference work on international law has been designed for legal scholars, practising international lawyers government legal advisers, and advanced students of international law.