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 1African Book Company, 1904 |
From inside the book
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Page x
... granted by the Crown 42. Interpretation of privileges 47. Revocation of privileges 48. Termination of privileges .... CHAPTER IV . STATUTES - PRIVATE INTERNATIONAL LAW . 54. Classes of Statutes ........ 57. Force and efficacy of ...
... granted by the Crown 42. Interpretation of privileges 47. Revocation of privileges 48. Termination of privileges .... CHAPTER IV . STATUTES - PRIVATE INTERNATIONAL LAW . 54. Classes of Statutes ........ 57. Force and efficacy of ...
Page 3
... granted -the point cannot be here elucidated - that the Roman Law would never have acquired its preponderating influence in Western Europe , had the feudal system never existed . One of the feudal lords of Holland and the adjoining ...
... granted -the point cannot be here elucidated - that the Roman Law would never have acquired its preponderating influence in Western Europe , had the feudal system never existed . One of the feudal lords of Holland and the adjoining ...
Page 40
... State , as the authority making the law . Law is also interpreted by the use and custom of the people . If any question arises as to the ambiguity of the law , we must first find what 40 ON LAW IN GENERAL . Privileges granted by the Crown.
... State , as the authority making the law . Law is also interpreted by the use and custom of the people . If any question arises as to the ambiguity of the law , we must first find what 40 ON LAW IN GENERAL . Privileges granted by the Crown.
Page 41
... the Head of the State or by judicial authority , is to discover the probable intention of the legislator with reference to doubtful laws . Dispensation can only be granted by the Head of the State , and LAW AND CUSTOM . 41.
... the Head of the State or by judicial authority , is to discover the probable intention of the legislator with reference to doubtful laws . Dispensation can only be granted by the Head of the State , and LAW AND CUSTOM . 41.
Page 42
... granted by the Head of the State , and is the removal of the obligation of the law on certain persons or things or acts , the force of the law remaining unimpaired in other cases and with reference to other persons . Since dispensation ...
... granted by the Head of the State , and is the removal of the obligation of the law on certain persons or things or acts , the force of the law remaining unimpaired in other cases and with reference to other persons . Since dispensation ...
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Common terms and phrases
according acquired action administration age of majority agreement alienation amount antenuptial contract apply appointed authority belonging benefit Buch Cape Colony child claim community of profits community of property consent creditors curator damage dative death debt deceased defendant divorce domicile donation dowry Dutch Dutch Law entitled Executors father favour fideicommissum fraud gift given granted Grotius guardian guardianship heirs holds Holland husband immovable property inheritance insolvent interdict ipso jure judicial decree Keessel Kotzé land Leeuwen Cens legitimate liable lunatic magistrate marriage marry minor movables Natal obtain Orange River Colony owner ownership parents parties payment peculium person plaintiff portion possession possessor prescription prohibited purchaser quit-rent regard restitution Roman Law Roman-Dutch Law rule servient tenement servitude spouse statutes Supreme Court surety tacit hypothec testator thing transaction transfer Transvaal Trustee tutors testamentary unless usucapion usufruct usufructuary valid Voet Voet's ward ward's wife wife's woman
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.