The thesis of this essay is that the entire methodology of the new approach is unsound from the practical no less than the theoretical viewpoint. In this respect, the question of the nature of choice of law as jurisdiction-selecting or rule-selecting must, indeed, be the point of departure.
The rule in Price v Neal poses one of the most complex questions of the law of negotiable instruments. The issue is whether the drawee of a bill or cheque may recover the amount paid thereon from a bona fide holder for value if the signature of the drawer had been forged.
In South Africa the property rights of spouses and rights of succession are particularly important when the estate of a deceased spouse is administered. As shown in this article, different conflict of law rules apply in determining the law regulating the matrimonial property regime of spouses and the rights of succession of the surviving spouse.
Should parents be held liable for 1oss caused by their children? The object of this essay is to set out the present situation in South African law, look at the position in the legal systems of France, the Netherlands and Germany, and come to a conclusion on how the present situation can possibly be improved.
The new "criminal procedure code" of the Republic of South Africa is embodied in Act 51 of 1977 which came into operation on 22/7/1977. On various levels of criminal procedure great changes have been effected, and the purpose of this article is to indicate some of these changes and to see how they function in practice.
The new Criminal Procedure Act, 51 of 1977, has been in operation in South Africa since 22 ]uly 1977. The new departure therein, by which the accused is invited to state his defence at the outset is to all accounts meeting with the success that was hoped for. The procedure represents a slight shift from the purely accusatiorial process to the inquisitorial one.
A recently decided case, involving witchcraft, aroused a fair measure of press coverage owing to a series of incidents which resulted in its frequent postponement. The accused were indicted on two charges, viz murder and the commission of an offence under the Witchcraft Suppression Act which, inter alia, prohibits any person from employing or soliciting a witchdoctor.