Wille's principles of South African law
著者
書誌事項
Wille's principles of South African law
Juta, c2007
9th ed
- タイトル別名
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Principles of South African law
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注記
Includes bibliographical references (p. clxxiii-clxxxv) and index
内容説明・目次
内容説明
The aim of this work remains to set out the basic principles of South African private law systematically, in clear unmistakable language, and as comprehensively as is possible in a single volume. Over the years, Wille's principles has appealed to judges, practitioners and students alike, and this edition is also written with the needs of these groups in mind. This edition, of which Dale Hutchison was general editor, was a notable success in this regard, and we have sought to follow its example of balancing the retention of the basic structure of the work with innovation in the treatment of its subject matter and the dissemination of original research. We have nevertheless as far as possible maintained the very useful practice in previous editions of citing the older, original authority for a proposition alongside contemporary sources. Many of the changes were necessitated or inspired by the Constitution, which has radically altered the foundations of our legal system. The impact of the Bill of Rights on private law has been significant and is growing, via both the horizontal application of fundamental rights and their legislative implementation and elaboration.
This is reflected in the structure and content of the new introductory general part as well as in the text of virtually every chapter. Importantly, the constitution has given new prominence to indigenous customary law, and in this edition we have sought, where possible in and relevant for a work of this nature, to reflect its status as equal partner of the common law. This has led to major changes in almost all of the chapters on Persons and the Family. The frequency of far-reaching judicial changes to the law combined with the uncertainties of legislative timetables to necessitate several significant revisions during the final stages of preparation for publication.
目次
- General: Law
- sources of law - overview and constitution
- sources of law - legislation
- sources of law - common law and precedent
- sources of law - customary law and other sources
- the legal system. Persons and family: Introduction
- birth, name, domicile and death
- unborn persons
- females
- children (minors)
- extra-marital children
- marriage
- life partnerships
- mentally incapacitated persons
- insolvent persons
- convicted persons
- artificial persons. Property: The law of property, the concept of property and real rights
- possession
- ownership
- co-ownership, sectional ownership and other forms of title
- servitudes and other real rights
- real security
- succession. Obligations: Contracts in general
- purchase and sale
- letting and hiring of property
- employment
- letting and hiring of work
- loan for consumption
- loan for use
- deposit
- carriage
- agency
- partnerships
- suretyship
- donation
- unjustified enrichment. Compensation for pecuniary loss - the actio legis Aquiliae
- the action for pain and suffering
- compensation for harm to the personality - the actioiniuriarum
- remedies based on strict liability.
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