oa Comparative and International Law Journal of Southern Africa - The permanence of Roman Law concepts in the Continental Legal Systems and in South African Law*; with an addendum on The permanence of Roman Law concepts in South African Law**

Volume 2, Issue 2
  • ISSN : 0010-4051



Viewed in its entirety, there can be no doubt that the South African legal system with its large common law orientated areas deserves its classification as a hybrid system. However, one might ask oneself what factors really determine a system's classification. This is not the place to examine this question in depth, but taking the main continental systems as examples, one may be tempted to think that it is mainly the nature (concepts etc.) of their private, and possibly their criminal, law which determines their classification as civil law systems, rather than the comparatively new branches of public or commercial law.

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