n Without Prejudice - A trusted path : trust law

Volume 15, Issue 4
  • ISSN : 1681-178X



The idea of trust is a universal concept and stems from the depths of antiquity. Although Roman and Roman-Dutch law form the basis of South African common law, the trust, as it was received in South Africa, derives mainly from Germanic and English law. While South Africa's fundamental principles of trust law remain similar to English law and other common law jurisdictions, the courts have deviated in their treatment of sham trusts, alter-ego trusts and generally going behind the trust form.

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