n Tydskrif vir die Suid-Afrikaanse Reg - Admiralty jurisdiction and documentary letters of credit : aantekeninge

Volume 2003, Issue 3
  • ISSN : 0257-7747
  • E-ISSN: 1996-2207



The subsection refers to the admiralty jurisdiction of the high court of South Africa (see s 2 and the long title of the act). According to section 2(1) of the act, this is the jurisdiction "to hear and determine any maritime claim". Section 1 of the act contains a very wide definition of the term "maritime claim". The question arises whether a claim based on a documentary letter of credit could in certain circumstances be classified as a maritime claim. If it could, a second question will have to be asked, namely whether a claim based on a documentary letter of credit would have fallen under the jurisdiction of the abolished admiralty courts as on 31 October 1983 (the day before the Admiralty Jurisdiction Regulation Act came into force). If the answer to both questions is in the affirmative, the relevant claim must be governed by English law as it was on 31 October 1983.

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