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Fundamina: Recent submissions

Now showing items 1-20 of 81

“Memories of over eighty years" : remiminisces

Schulze, W.G. (University of South Africa, Pretoria, 2008)

I was born at the Paarl on the fifth day of September 1849 and baptised in the Dutch Reformed Church at that place on the thirtieth day of that month.3 I cannot, of course, assert these facts from my own knowledge but ...
Melius de Villiers : a biographical sketch

Schulze, W.G. (University of South Africa, Pretoria, 2008)

The cradle of the extended De Villiers family in South Africa was an estate near La Rochelle, France. The revocation of the Edict of Nantes in October 1685 meant that freedom of religion came under siege in France.1 Among ...
Romeins-Hollandse reg : 'n abstracte of kousale stelsel van eiendomsoordrag?

Schutte, Flip (University of South Africa, 2007)
Falling on stony ground : importing the penal practices of Europe into the prisons of colonial Natal (Part 2)

Pete, Stephen (University of South Africa, 2007)

This article will trace the attempts by colonial authorities to implement policies based on these two principles in the prisons of colonial Natal. The Digest stressed the importance of the deterrent effect of strictly ...
A legal historical perspective on affirmative action in South Africa(Part 2)

McGregor, Marie (University of South Africa, 2007)

This article has traced South Africa’s discriminatory history of colonialism and slavery. After the country’s unification in 1910, further discriminatory policies and laws continued until the end of apartheid in the ...
Kursoriese historie terugblik op skadevergoeding met spesifieke verwysig na suiwer vermoenskade in die Suid afrikaanse reg

Lotz, D.J. (Univarsity of South Africa, 2007)
Designs of the times : the remaking of South Africa and Dutch courtroom architecture during the 1990s

Le Roux, Wessels (University of South Africa, 2007)

Architecture is to living history what archaeology is to ancient history. One would therefore expect to find numerous examples in which legal history is researched by studying the designs of existing and former court ...
The mediaeval contractum trinius and the law of partnership

Henning, J.J. (University of South Africa, 2007)

Partnership law is as old as commerce itself. Its history as a profit-sharing device can be traced from the ancient Near-Eastern civilizations to its present day position as one of the most important forms of business ...
Contracts for a third-party beneficiary : a brief sketch from the Corpus luris to present-day civil law

Hallebeek, Jan (University of South Africa, 2007)

Contemporary jurisdictions of continental Europe are familiar with the legal concepts of a contract in favour of a third-party beneficiary who is not present when the contract is entered into as well as the right of this ...
The origin of adoption in South Africa

Ferreira, Sandra (University of South Africa, 2007)

The aim of this article is to explore the legislative origin of adoption in South Africa. It is common knowledge that South African law is based on Roman- Dutch principles and that English law has also influenced our ...
Roman women : sometimes equal and sometimes not

Van den Bergh, Rena (University of South Africa, 2006)
The history of in rem forteiture : a penal legacy of the past

Van Jaarsveld, I.L. (University of South Africa, 2006)
Instances of security in ancient African law with Roman equivalents

Van Niekerk, Gardiol J. (University of South Africa, 2006)
The legal position of Roman women : a dissenting perspective

Wethmar-Lemmer, M.W. (University of South Africa, 2006)
Falling on stony ground : importing the penal practices of Europe into the prisons of colonial Natal (Part 1)

Pete, Stephen (University of South Africa, 2006)
A legal-historical perspective on affirmative action in South Africa (Part 1)

McGregor, Marie (University of South Africa, 2006)
The evolution of state sovereignty : a historical overview

Snyman-Ferreira, M.P. (University of South Africa, 2006)
Legal tradition and the transformation of othordox contract theory : the movement from formalism to realism

Hawthorne, L. (University of South Africa, 2006)
Murder for insurance : policy pays out "life"

Havenga, Peter (University of South Africa, 2006)
The Timbuktu manuscripts : rediscovering a witten source of African law in the era of the African renaissance

Goolam, M.N.I. (University of South Africa, 2006)

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