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Author: Louis F. van Huyssteen
Publisher: Kluwer Law International B.V.
ISBN: 9403529334
Category : Law
Languages : en
Pages : 357
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Book Description
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.
Author: Louis F. van Huyssteen
Publisher: Kluwer Law International B.V.
ISBN: 9403529334
Category : Law
Languages : en
Pages : 357
Get Book Here
Book Description
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.
Author: Elspeth Reid
Publisher: Edinburgh University Press
ISBN: 0748684182
Category : Law
Languages : en
Pages : 576
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Book Description
A comparative investigation into the revolution in private law in the era of human rights Scotland and South Africa are mixed jurisdictions, combining features of common law and civil law traditions. Over the last decade a shared feature in both Scotland and South Africa has been a new and intense focus on human rights. In Scotland the European Convention on Human Rights now constitutes an important element in the foundation of all domestic law. Similarly, the Constitution of the Republic of South Africa, adopted in 1996, has as its cornerstone a Bill of Rights that binds not only the legislature, the executive, the judiciary and all organs of state, but also private parties. Of course the "constitutional moments" from which these documents sprang were very different and the Scottish and South African experience in some aspects could not be more dissimilar. Yet in many respects the parallels are close and compelling. This book, written by experts from both jurisdictions, examines exactly how human-rights provisions influence private law, looking at all branches of the subject. Moreover, it gives a unique perspective by comparing the approach in these kindred legal systems, thus providing a benchmark for both.
Author:
Publisher: The Law Publisher CC
ISBN: 1920569014
Category :
Languages : en
Pages : 223
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Book Description
Author: Yann Aubin
Publisher: Kluwer Law International B.V.
ISBN: 9041131337
Category : Business & Economics
Languages : en
Pages : 788
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Book Description
The International Bank and Other Guarantees Handbook provides a practical examination of the laws of 19 countries (and groups of countries) in the Middle East and Africa regions in respect to bank and other guarantees. It also contains, among other things, various guarantees forms. The aim of each country-specific chapter of the Handbook is to provide actionable information designed to guide legal or other practitioners in such jurisdiction. The editors, Mr. Yann Aubin, Mr. Jean-Claude Vecchiatto and Mr. Louis de Longeaux, deal with guarantees in an international context on a daily basis in the course of their respective positions as in-house lawyers of Fortune 500 multinational companies and partner of a multinational law firm. Yann Aubin is the Director of Legal Operations [and Deputy General Counsel] at Schlumberger based in Paris. He is the co-editor of the Export Control Laws and Regulations Handbook. Jean-Claude Vecchiatto is Vice President, Head of Corporate and Project Finance, Legal Affairs at the European Aeronautic Defence and Space Company, EADS, based in France and Germany. Louis de Longeaux is a partner with Orrick, Herrington and Sutcliffe law firm based in China, England, France, Germany, Italy, Japan, Russia, Taipei and USA. The International Bank and Other Guarantees Handbook is invaluable to any international trade professional (lawyer, finance manager, project manager, etc.) or entity with a need to know the specific requirements to be complied within the jurisdiction in question for the efficient use of bank or other related guarantees.
Author: Reinhard Zimmermann
Publisher: Clarendon Press
ISBN: 9780198764267
Category : Contracts (Roman law)
Languages : en
Pages : 1316
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Book Description
This book is widely regarded as one of the most remarkable achievements in Roman Law and Comparative Law scholarship this century - a fact attested to by the universal acclaim with which it has been received throughout Europe, America, and beyond. As a work of Roman Law scholarship it fusesthe vast volume of 20th century scholarship on the Roman law of obligations into a clear and very readable (and in many ways original) account of the law. As a work of comparative law it traces the transformation of the Roman law of obligations over the centuries into what is now modern German,English and South African law, presenting the reader with a contrast between these legal systems which is unique both in its scope and its depth. As a whole the book is written with a deep understanding of human nature and of many social, economic, and other forces that determine the face of thelaw.
Author:
Publisher: The Law Publisher CC
ISBN: 192056912X
Category :
Languages : en
Pages : 243
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Book Description
Author:
Publisher: The Law Publisher CC
ISBN: 1920569197
Category :
Languages : en
Pages : 245
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Book Description
Author: Reinhard Zimmermann
Publisher: Oxford University Press
ISBN: 9780198260875
Category : History
Languages : en
Pages : 1218
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Book Description
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.
Author:
Publisher: The Law Publisher CC
ISBN: 1920569049
Category :
Languages : en
Pages : 513
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Book Description
Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1348
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Book Description
