n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - Much ado about nothing? Legal principles on money, banks and their clients after : case comments

Volume 22, Issue 1
  • ISSN : 1015-0099
  • E-ISSN: 1996-2185



Roman-Dutch law, broadly referred to as the common law of South Africa, constitutes an authoritative subsidiary source of law in our legal system and is utilised in the interpretation, explanation and application of legal principles, especially in private law. English law, on the other hand, has had a major influence in general on South African commercial law, particularly in banking law. (See WG Schulze 'The Sources of Southern African Banking Law - A Twenty-First Century Perspective (Part I)' ('Schulze Part I') (2002) 14 438 at 458 and WG Schulze 'The Sources of South African Banking Law - ATwenty-First Century Perspective (Part II)' ('Schulze Part II') (2002) 14 SA Merc LJ 601; 2002 (5) SA 101 (W); 1997 (3) SA 669 (A); and [2001] 3 All SA 331 (A). See also Michael Blair QC, Ross Cranston MP, Christopher Ryan & Michael Taylor (1998) at 108 for similarities between the Banking Act 1987 (c. 37) in the United Kingdom and the Banks Act 94 of 1990 ('Banks Act') in South Africa.)

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