The Common Law of South Africa: A Treatise Based on Voet's Commentaries on the Pandects, with References to the Leading Roman-Dutch Authorities, South African Decisions, and Statutory Enactments in South Africa, Volume 1

Front Cover
African Book Company, 1904

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Contents

The law of nations
30
Civil law
31
The laws of Rome
32
The jurisconsults
33
CHAPTER II
34
Who may make laws
35
Promulgation of law
37
SECT PAGE 19 Students in foreign countries
38
Functions of law
40
Custom
42
Abrogation of law
43
CHAPTER III
45
Rescripts
46
State rights and private rights
47
Privileges granted by the Crown
49
Revocation of privileges
51
CHAPTER IV
54
Force and efficacy of statutes
55
Territorial extent of personal rights
56
Capacity and incapacity
57
Movables and domicile
58
Renunciation of statutes
60
PART II
63
A STATE RIGHTS CHAPTER I
65
Rights of subjects
66
Municipal duties
67
SECT PAGE 84 Care of public property
71
Application of State moneys
72
Materials for public works
73
CHAPTER III
74
Contracts of the Treasury
75
Property of the Crown Regalia
76
CHAPTER IV
78
Mode of collecting taxes
79
Personal taxation
80
Interpretation of taxation laws
81
Immunity from taxation
82
CHAPTER V
84
Regulation of military affairs
85
CHAPTER VI
86
B MUNICIPAL RIGHTS CHAPTER I
88
Land tax or census
89
PART III
91
CHAPTER 1
93
Meaning of caput
94
CHAPTER II
95
Legalisation of acts
96
CHAPTER III
97
Legitimate birth
99
Release from paternal power
104
B DOMESTIC RELATIONSHIPS BETWEEN PERSONS CHAPTER 1
106
Obligation to maintain parents
109
Claim for maintenance
110
Maintenance upon divorce
111
Ultimum tempus pariendi
112
Modes of legitimation
113
CHAPTER II
115
Emancipation by marriage
116
Restitution in integrum
117
Ratification of contracts on majority
127
Torts of minors
130
Beneficium competentiae
131
Rights to peculium of minors
132
Actions relating to property of minors
135
SECT PAGE 222 Guardianship defined
139
Who may be guardians
140
Testamentary guardianship
141
Confirmation of tutor testamentary
143
Legitimate tutors
145
Tutors dative
146
Administration of guardians
148
Security and inventory
152
Claims made by tutor
153
Moneys of the ward
155
Business of a ward
156
Lawsuits of a ward
157
The tutors authority
159
Contracts of a ward
160
Action to remove a guardian
165
Termination of guardianship
169
Actio tutelae contraria
175
Protutors
179
Security rem pupilli salram fore
181
Heirs of guardians
183
Actions against magistrates
184
Rights and liabilities of cotutors
185
Alienations of real property
187
Prohibited contracts of wards
189
Curators ad litem
195
Prodigals
196
Persons with physical defects
198
How curatorship ends
199
CHAPTER IV
200
Conditional promises
201
SECT PAGE 357 Impossible conditions
202
Breach of promise
204
Action for breach of promise
205
Donations during betrothal
206
Roman marriage law
207
Recognition of marriages
208
Community of property
230
Second marriages in community
232
Property of spouses and domiciliary law
233
Absence of the husband
236
Kinderbewijs
237
Penalties of second marriages
239
4 CONSEQUENCES OF MARRIAGE ii Dowry and antenuptial contracts 420 Definition of dowry 215
245
Donatio propter nuptias 218
248
Time of antenuptial contract
249
Form of antenuptial contract
250
Provisions of antenuptial contract
251
Proof of ownership of property
257
What community of profits includes
259
What community of loss includes
261
Election under antenuptial contract
263
Ranking of wifes claims
264
SECT PAGE
265
5 DONATIONS BETWEEN SPOUSES
271
Donations between betrothed persons
277
Judicial separation
283
Rights to douarie on dissolution
289
Womans suretyship liability
296
Case of a public trader
302
POSSESSION AND OWNERSHIP OF PROPERTY
305
Res communes
308
1 MODES OF OBTAINING POSSESSION AND OWNERSHIP SECT PAGE 536 Acquisition of dominion
315
Discovery
318
Treasure trove
319
Mineral rights
320
Accessions
321
Industrial accessions
324
Mixed accessions
328
Tradition or transfer
331
Requisites of transfer
333
Alienation without transfer
338
Definition of possession
339
Modes of possession
340
Effect of intention
341
Acquisition of possession
342
Retention of possession
344
Constitutum possessorium
345
2 USUCAPION AND OTHER MODES OF ACQUISITION 574 Usucapion defined
347
Requisites for usucapion
349
Prescription and usucapion
355
Special modes of usucapion
357
3 LOSS OF POSSESSION AND OWNERSHIP GENERALLY 591 How possession is lost
359
How ownership is lost 35960
361
Unlawful alienations of property
362
Sales in market overt
365
Price of stolen goods
368
Vindication on judicial sale
369
Heirs vindicatory rights
370
Only full owners can vindicate
371
What plaintiff must prove on vindication
374
Claim of incorporeal rights
375
Compensation for improvements
376
Who may vindicate
379
Against whom vindications are brought
380
B PARTICULAR RIGHTS IN THINGS
420
How usufruct is constituted
426
Usufruct of fungibles
432
Action to assert a servitude
442
3 REAL SERVITUDES IN GENERAL SECT PAGE 686 Nature of real servitudes
445
Urban and rural servitudes distinguished
447
Creation of servitudes
448
Servitudes by prescription
450
Negative servitudes
451
Mortgage of servitudes
452
Obstruction of servitudes
454
Servitude rights to water
455
Number of servitudes
456
Servient and dominant tenements
458
Surface rights
459
Servitude oneris ferendi
460
Servitudes of building
462
Servitudes of light
464
Rainwater servitudes
465
Drainage servitudes
466
Party walls and fences
467
5 RURAL SERVITUDES IN PARTICULAR A Rights common to Rural Serritudes 710 General conditions
468
B Rights of Way 711 Iter actus and via
469
WaterRights 712 Waterright defined
472
Water erumpens in suo
475
Public and private streams
476
Riparian proprietors
477
Aquaeductus and aquaehaustus
480
Prescriptive rights
482
Action aquae pluriae arcendae
484
Servitude pecoris ad aquam appulsus
487
Other Rural Serritudes 721 Definitions and rules
488
Mode of loss
492
7 ACTIONS CONCERNING REAL SERVITUDES 724 Actio confessoria directa
493
Actio negatoria contraria
495
SECT PAGE
496
What may be claimed 380
Right to compensation 500
Whom law binds 36
Rights of ambassadors 37
Exemptions from service 68
Movables and immovables 312

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Common terms and phrases

Popular passages

Page 367 - In the hands of any holder other than a holder in due course, a negotiable instrument is subject to the same defenses as if it were non-negotiable. But a holder who derives his title through a holder in due course, and who is not himself a party to any fraud or illegality affecting the instrument, has all the rights of such former holder in respect of all parties prior to the latter.
Page 367 - The title of a person who negotiates an instrument is defective within the meaning of this act when he obtained the instrument, or any signature thereto, by fraud, duress or force and fear or other unlawful means, or for an illegal consideration or when he negotiates it in breach of faith, or under such circumstances as amount to a fraud.
Page 367 - In particular the title of a person who negotiates a bill is defective within the meaning of this Act when he obtained the bill, or the acceptance thereof, by fraud, duress, or force and fear, or other unlawful means, or for an illegal consideration, or when he negotiates it in breach of faith, or under such circumstances as amount to a fraud.
Page 216 - Ms 1 Grandmother, 2 Grandfather's Wife, 3 Wife's Grandmother, 4 Father's Sister, 5 Mother's Sister, 6 Father's Brother's Wife, 7 Mother's Brother's Wife, 8 Wife's Father's Sister, 9 Wife's Mother's Sister. 10 Mother, 11 Step-mother, 12 Wife's Mother, 13 Daughter, 14 Wife's Daughter, 15 Son's Wife...
Page 367 - Every holder of a bill Is prima facie deemed to be a holder in due course; but if in an action on a bill it is admitted or proved that the acceptance, issue, or subsequent negotiation of the bill, is affected with fraud, duress, or force and fear, or illegality, the burden of proof is shifted, unless and until the holder proves that, subsequent to the alleged fraud or illegality, value has in good faith been given for the bill.
Page 140 - Lord one thousand seven hundred and fifty-two, to whom any beneficial Devise, Legacy, Estate, Interest, Gift or Appointment of or affecting any Real or Personal Estate, other than and except Charges on Lands, Tenements...
Page 20 - Court may c2 take judicial notice of any general custom which is not only well established but reasonable in itself. Any Dutch law which is inconsistent with such well-established and reasonable custom, and has not, although relating to matters of frequent occurrence, been distinctly recognised and acted upon by the Supreme Court, may fairly be held to have been abrogated by disuse.
Page 333 - WHEN the agreement for sale is of a thing not specified, as of an article to be manufactured, or of a certain quantity of goods in general, without a specific identification of them, or an
Page 218 - ... notice, enter his premises between the hours of eight in the forenoon and four in the afternoon and separate and take away such meter or other property of the company, and may disconnect any meter...
Page 20 - Colony, the law administered by the High Court of Justice in England, for the time being, so far as the same shall not be repugnant to, or in conflict with, any Ordinance, Act of Parliament or other statute having the force of law in this Colony, shall be the law to be administered by the said Supreme Court or other competent court.

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