According to the traditional dogma of the law of delict ï¿½ mainly the product of the Pandectists of the nineteenth century - liability is based on the wrongful and culpable causation o f harm to another. Fault is consistently stated to be the basis of such liability; hence the so called fault theory. The basis of harm caused wrongfully and culpably is defined as fault, since fault presumes the existence of all the other delictual elements; fault can exist in substantive law only in the case of harm which has been caused wrongfully.
Whether the Rhodesian Courts had jurisdiction to recognise as valid any of the legislative and executive acts of the usurping Government, forms the subject of this final paper. What remains for examination is the third and final question arising in this controversy, namely, assuming that the Rhodesian Government lacks lawful status, whether, and, if so, to what extent, the Rhodesian courts are entitled to treat its legislative and administrative acts as valid.
Faced with the impossibility of ascertaining the national law or its exact meaning, the judge avails himself of those criteria of juridical interpretation which are used in his country. Faced with the same problem with regard to foreign law, he should use the modes of interpretation adopted by the courts of the country referred to, for only in this manner will he apply correctly the conflicts law of his own country.
The structure of the judicial hierarchy appears from the diagram showing the structure of courts in Lesotho. At the base lie the Central and Local Courts administering customary law. Above them stand the High Court, the Court of Appeal and the Privy Council. In an intermediate position are the subordinate courts and the Judicial Commissioners' courts. The various courts are discussed in turn in the article.
The term "Fiscal Domicile" is not self-explanatory. "Fisc" may be understood as that branch of the Government which is expressly charged with the collection of revenue, but not as the Government in its general sense. Does, then, the term "Fiscal Domicile" refer to a domicile of the fiscus or does it rather suggest a domicile of the taxpayer for fiscal purposes ? The answer must be gathered from the article of the Double Taxation Agreement which bears that title, due regard being had to the context.
Private International Law Stay of proceedings - Agreement to refer disputes to foreign court Action commenced in England - Principles to be applied by court in deciding whether to stay action. The age old problem of private international law concerning an alleged breach of an agreement in referring disputes to a foreign court, and the English courts' attitude to the alleged breach once again raised its head in the above case. The English courts' attitude does not always seem quite equitable and the need for some uniformity still remains. Modern international trade makes the different Anglo American and European approaches seem absurd in the age of closer international contracts. The Eleftberia is a case in point. Probate, Divorce and Admiralty Division decided the case on a broad Anglo American approach (Dicey and Morris would no doubt approve), yet would the Continental jurists ?
Throughout the history of Private International Law courts have resorted to the concept of ""public policy"" in order to limit the undiscriminating invocation of foreign law which could be applicable. In questions of marriage and divorce, especially, foreign law is more often denied application on account of ""public policy"" than is the case in most other fields of law.