Mixed Legal Systems in Comparative Perspective
Property and Obligations in Scotland and South Africa
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Mixed Legal Systems in Comparative Perspective by Reinhard Zimmermann
Book DescriptionPlaced 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 re-moulded 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 modern 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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Book DetailsISBN: 9780199271009
(240mm x 163mm x 50mm)
Imprint: Oxford University Press
Publisher: Oxford University Press
Publish Date: 10-Mar-2005
Country of Publication: United Kingdom
Books By Author Reinhard Zimmermann
Comparative Succession Law, Hardback (September 2015)
Exploring the rules that apply when a person dies without leaving a valid will, Intestate Succession delivers a comparative and historical review of the relevant law in Europe and beyond, including an analysis of legal development, justifications, and reform.
Judge and Jurist, Hardback (June 2013)
Collecting together 47 essays from colleagues and friends of Lord Rodger of Earlsferry, this book commemorates his work and contribution to law and legal scholarship, including his role as a judge of the UK Supreme Court and his interests in Roman law, Scots law, and legal history.
Max Planck Encyclopedia of European Private Law, Hardback (March 2012)
The emergence of European private law constitutes one of the most significant developments in the modern legal landscape. This essential reference work to the field provides historical and comparative analysis of all the major areas of European private law at a national and transnational level.
Unjustified Enrichment, Paperback (February 2011)» View all books by Reinhard Zimmermann
Comparative analyses of a range of key issues related to unjustified enrichment, an important area of private law.
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Author Biography - Reinhard Zimmermann
Daniel Visser is Professor in the Faculty of Law at the University of Cape Town.
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