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Vol 23 No 5 May/June 2018

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Private International Law: The Modern Roman-Dutch Law including the Jurisdiction of the High Courts 5th ed

ISBN13: 9780702194221
Published: June 2012
Publisher: Juta Law
Country of Publication: South Africa
Format: Paperback
Price: £75.00

Despatched in 10 to 12 days.

The growing sophistication of South African private international law has become more evident in the years since the last edition. The Supreme Court of Appeal has delivered several important judgments which have had significant impacts on the law. Peregrines are now more readily subject to South Africa jurisdiction in several ways, and foreign judgments are now more readily enforced in South Africa.

The problems of choice of law have not been neglected by the courts. The fundamental problem of characterisation has been addressed by a perceptive and valuable judgment of the Supreme Court of Appeal, and there have been thoughtful judgments on many other areas including, for the first time, on choice of law in delict. Even more significantly, constitutional values have been making themselves felt on the development of the law in this area. In at least two areas – same-sex marriages and the doctrine of arrest to found jurisdiction – constitutional developments have required significant adjustments to the law.

All these developments are fully described and explained with suggestions being made as to how the law might develop in the future.

South Africa, Other Jurisdictions
Table of statutes
Table of cases
History and theory
An essay in history and theory Conceptual problems in choice of law
The ascertainment of the content of foreign laws and the exclusion in appropriate cases of the otherwise applicable law
The law of domicile
The jurisdiction of the high courts
The family and choice of law
Choice of law in cases involving legal obligations
Choice of law in cases involving property
The recognition and enforcement of foreign judgments