Private international law : the modern Roman-Dutch law including the jurisdiction of the high courts

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Title:

Private international law : the modern Roman-Dutch law including the jurisdiction of the high courts

Author:

Forsyth, C. F.

ISBN:

9780702194221

Personal Author:

Forsyth, C. F.

Edition:

5th ed.

Publication Information:

Cape Town : Juta, 2012.

Physical Description:

lxvii, 504 p. ; 25 cm.

Contents:

Introduction -- 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 jurisidiction 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.

Subject Term:

Conflict of laws (Roman-Dutch law)

Conflict of laws -- South Africa.

Jurisdiction -- South Africa.

Copies:

Available:*

Library	Material Type	Item Barcode	Shelf Number	Copy	Status
Searching... 1:IIEMSA	1:GEN-BOOK	33168025543543	340.9 F735P 2012	1	Searching... Unknown

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Summary

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.