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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)

(p.558) (p.559) 17. Aquilian Liability I (Nineteenth Century)
Southern Cross

AnnÉl van Aswegen

Oxford University Press

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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