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Southern Cross$
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Reinhard Zimmermann and Daniel Visser

Print publication date: 1996

Print ISBN-13: 9780198260875

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198260875.001.0001

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The Interaction of Substantive Law and Procedure

Chapter:
(p.140) (p.141) 4. The Interaction of Substantive Law and Procedure
Source:
Southern Cross
Author(s):

H. J. Erasmus

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198260875.003.0005

South African law is an uncodified civil law system with Roman-Dutch law, and originally Roman law, as its major formative element. Since the beginning of the 19th century a strong thread of English law has been woven into the fabric of that system. In particular, procedural techniques have largely assimilated the English patterns. This chapter examines the effect of the superimposition upon the Roman-Dutch law, during the formative years of modern South African law, of a judicial and procedural framework of common law origin. It begins with a brief sketch of the nature of civil procedure in Roman-Dutch law, and of the main features of the procedural system in use at the Cape under Dutch rule.

Keywords:   South African law, civil law, legal system, Roman-Dutch law, common law

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