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Mixed legal systems in comparative analysis - Property and obligations in Scotland and South Africa (Hardcover)
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Mixed legal systems in comparative analysis - Property and obligations in Scotland and South Africa (Hardcover)
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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 Scotland and 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 remoulded by the common law of the
British imperial master. In Scotland a more gradual and elusive
process saw the Roman-Scots law of the early 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. The individual
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, and thus 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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