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Mixed Legal Systems in Comparative Perspective
Property and Obligations in Scotland and South Africa

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Mixed Legal Systems in Comparative Perspective
Property and Obligations in Scotland and South Africa

Daniel Visser (Editor)
Kenneth Reid (Editor)
Reinhard Zimmermann (Editor)

Hardback

ISBN: 9780199271009

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Contents

Scotland and South Africa are two of the leading jurisdictions that integrate English common law with Continental civil law. This volume examines their experience and considers the wider lessons both for mixed legal systems and for the development of a European private law.

They also, in a number of areas, reveal an emerging and distinctive jurisprudence of mixed systems, and thus suggest viable answers to some of the great questions which must be answered on the path towards a European private law.

ISBN	199271003
ISBN13	9780199271009
Publisher	Oxford University Press
Format	Hardback
Publication date	10/03/2005
Pages	962
Weight (grammes)	1391
Published in	United Kingdom
Height (mm)	234
Width (mm)	156

Introduction
PART 1: CONTRACT
Formation
Defects of Consent
Interpretation
Illegality
Jus Quaesitum Tertio / Stipulatio Alteri
Good Faith
Breach
Sale
Surety / Caution
Agency
Hire / Lease
PART 2: DELICT
Overview
Negligence
Strict Liability
Defamation
Neighbour Law
Disgorgement of Benefits as a Result of Wrongs
PART 3: OBLIGATIONS ARISING NEITHER FROM CONTRACT NOR FROM DELICT
Unjustified Enrichment
Restitution following Failed Contracts
Negotiorum Gestio

PART 4: PROPERTY
Overview
Acquisition of Ownership
Co-ownership
Servitudes
Good Faith
Rights in Security
Trusts

Cession / Assignation