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Southern CrossCivil Law and Common Law in South Africa$
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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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Aquilian Liability I (Nineteenth Century)

Aquilian Liability I (Nineteenth Century)

Chapter:
(p.558) (p.559) 17. Aquilian Liability I (Nineteenth Century)
Source:
Southern Cross
Author(s):

AnnÉl van Aswegen

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198260875.003.0018

This chapter discusses the historical development of the actio legis Aquiliae in South Africa. During the period under discussion the actio legis Aquiliae remained essentially Roman-Dutch in nature and application. Thus, the basic rules and principles concerning the requirements of liability like, especially: the notions of iniuria and culpa; the position concerning the liability of joint wrongdoers; and concerning title to sue (in cases not involving trespass) remained substantially unchanged. However, there were also numerous indications of further development and refinement of Aquilian principles in 19th-century South African case-law. They were entirely in accordance with the civilian character of the remedy and were not based on any bias towards English law.

Keywords:   South African law, law of delict, actio legis Aquiliae, Roman-Dutch law, liability

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