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

From inside the book

Contents

Retrospective effect of laws
23
Interpretations of
24
PART I
25
CHAPTER I
27
Equity
28
Jus defined
29
The law of nations
30
Civil law
31
The laws of Rome
32
The jurisconsults
33
CHAPTER II
34
Rescripts
35
State rights and private rights
36
Privileges granted by the Crown
40
Interpretation of privileges
42
Revocation of privileges
47
Termination of privileges
48
CHAPTER IV
54
Force and efficacy of statutes
55
Territorial extent of personal rights
58
Capacity and incapacity
59
Movables and domicile
61
Validity of Acts 66 Renunciation of statutes PART II
63
CHAPTER I
65
Rights of subjects
66
Jurisdiction over subjects
73
Municipal duties
74
Liability to fill public offices
75
Exemptions from service
76
Personal taxation
80
CHAPTER VI
86
45
88
PART III
91
CHAPTER I
93
Meaning of caput
94
CHAPTER II
95
Informal appointment of officers 130 Legalisation of acts
96
CHAPTER III
97
46
99
Release from paternal power
104
B DOMESTIC RELATIONSHIPS BETWEEN PERSONS CHAPTER I
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
Regulation of municipal affairs
121
Ratification of contracts on majority
127
Torts of minors
128
Restitution to the Treasury
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
Actions in a wards favour
163
Liability of a ward
164
Action to remove a guardian
165
Education of the ward
168
Termination of guardianship
169
Actio tutelae contraria
175
Protutors
179
Security rem pupilli salvam 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
47
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
Requirement of consent
210
49
213
Dispensations to marry
217
Debts in community
231
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
245
Donatio propter nuptias
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
57
264
60
265
66
267
67
268
Cape antenuptial contracts
270
5 DONATIONS BETWEEN SPOUSES 471 Results of donation
271
Confirmation of donation
273
Donations absolutely prohibited
274
Constructions of law
276
Donations between betrothed persons
277
6 JUDICIAL SEPARATION AND DIVORCE 485 Roman divorces
278
Adultery considered
279
Remarriage of divorced persons
280
Remarriage of deserted spouse
281
Nullity of marriage
282
Judicial separation
283
Separation of property
284
Rights to douarie on dissolution
289
7 SPECIAL PRIVILEGES 511 Origin of Senatusconsultum Velleianum
291
Authentica si quâ mulier
292
Who benefit by the Senatusconsultum
293
Pleading of benefit
294
Womans suretyship liability
296
Mode of renunciation
300
Renunciation of the Authentica
301
Case of a public trader
302
PART IV
305
A THINGS RES IN GENERAL CHAPTER I
307
Res communes
308
Res universitatis
310
Incorporeal things
311
Occupation
315
544
321
550
328
560
338
571
344
579
353
3 LOSS OF POSSESSION AND OWNERSHIP GENERALLY
359
596
368
B PARTICULAR RIGHTS IN THINGS
420
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 Servitudes 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 aquachaustus
480
Prescriptive rights
482
Action aquae pluviae arcendae
484
Servitude pecoris ad aquam appulsus
487
Other Rural Servitudes 721 Definitions and rules
488
Mode of loss
489
Construction of loss
491
7 ACTIONS CONCERNING REAL SERVITUDES 724 Actio confessoria directa
493
Actio negatoria contraria
495
SECT PAGE
496
Only full owners can vindicate
Right to compensation 500
3888
Servitudes defined
General definition of law 34
680
608
Movables and immovables 312
How usufruct is constituted

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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