oa Fundamina : A Journal of Legal History - Joannes van der Linden and his draft Code for Holland

Volume 16, Issue 1
  • ISSN : 1021-545X
  • E-ISSN: 2411-7870



Finding a subject for an article for Philip Thomas was not difficult. There had to be some sort of a Dutch-South African connection, and plenty of subjects fit that bill. Joannes van der Linden is at least as good as any, but probably better. He prepared the first finished draft Civil Code for the Kingdom of Holland, but his works also found their way to South Africa, and indeed his famous of 1806 was formally the "Code" in the Transvaal Republic between 1859 and 1901, and has maintained a considerable importance in Southern Africa ever since. Strangely, Van der Linden is a rather under-researched subject, which provided another reason to have a good look at him and his work. And finally, Philip Thomas himself gave a paper on Van der Linden's draft Code at the conference of the Société Internationale "Fernand de Visscher" pour l'Histoire des Droits de l'Antiquité in 1999, in Exeter, so I am confident that he will enjoy reading about him, and hopefully I can tell him some things he may not have known.

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