oa Fundamina : A Journal of Legal History - The actio funeraria
|Article Title||The actio funeraria|
|© Publisher:||UNISA Press|
|Journal||Fundamina : A Journal of Legal History|
|Author||Ph. J. Thomas|
|Publication Date||Jan 2005|
|Pages||321 - 335|
It could be argued that it is in bad taste and lugubrious to dedicate an essay on the actio funeraria to a friend who is entering "la troisième age", but I am convinced that Eric, with his encompassing interest in Roman law, will be interested in this topic and its reception in South Africa where the action was pleaded as recently as 2002 in the Transkei High Court. It would appear that the topic has received scant attention during the last century. In consequence, this paper will focus on the texts dealing with the actio funeraria in Roman law. The reception of this action in old Dutch law, in particular by Voet, is briefly discussed and from Voet to Umtata "ce n'est qu'un pas'.
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