oa Comparative and International Law Journal of Southern Africa - The draft convention on the hotelkeeper's contract: an exercise in the unification of private law?



In spite of the fact that the Draft Convention on the Hotelkeeper's Contract is only a draft which has not yet been adopted by an international diplomatic conference, the period 1986-1988 has been earmarked for its adoption. After that, it will only be a matter of time before the Final Convention is adopted. South Africa will then have to decide whether or not to adopt the Convention as part of its law. In order to take the correct decision, the contents of the Draft ought by then to have been studied in order to determine whether they are compatible with South African law on this point and, if there are any deviations, whether these are fatal from a South African legal perspective. This modus operandi is consistent with state practice. States evaluate treaties and other international instruments by comparing them to related aspects in their own national systems. If this study in compatibility proves to be in their interest, they will accept these treaties as law either with some clearly indicated reservations or unreservedly. This article is a study on the compatibility between the Draft Convention and the South African law on this point.


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