oa Fundamina : A Journal of Legal History - Duress in the Roman-Dutch law of obligations
|Article Title||Duress in the Roman-Dutch law of obligations|
|© Publisher:||UNISA Press|
|Journal||Fundamina : A Journal of Legal History|
|Publication Date||Jan 2005|
|Pages||26 - 49|
Extracted from text ...DURESS IN THE ROMAN-DUTCH LAW OF OBLIGATIONS Graham Glover (Rhodes University) 1 Introduction The institutional writers and practitioners of 16th, 17th and 18th century Roman- Dutch law looked to the Roman law of obligations to form the foundation upon which they erected their structure of private law. During the course of the reception, the idea was that Roman law was supposed to be referred to and applied only where the indigenous law did not already cater for a legal problem. As Van Leeuwen stated: In practice a rule has been introduced that whenever indigenous customs or statutes are ..
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