Oppong, Richard F. (2008) Roman Dutch Law meets the Common Law on Jurisdiction in International Matters. Journal of Private International Law, 4 (2). pp. 311-327. ISSN 1744-1048
Full text not available from this repository.Abstract
An intriguing aspect of South Africa's Roman-Dutch jurisdictional rules is that a foreign defendant can be arrested for the purpose of assuming jurisdiction over him in a claim sounding in money. This rule, unknown to the common law, also exists in other Southern African countries and has been criticised. The rule was abolished by a recent decision of the South African Supreme Court of Appeal. The court also accepted mere presence within the jurisdiction as a basis of jurisdiction in international matters and suggested the defendant could contest whether South Africa was the forum conveniens. The former rule was unknown to Roman-Dutch law. The existence of the latter was disputed. But both are well entrenched in the common law. This paper examines the judgment and argues that it is a manifestation of a gradual movement of convergence between Roman-Dutch law and the common law.
| Item Type: | Article |
|---|---|
| Journal or Publication Title: | Journal of Private International Law |
| Uncontrolled Keywords: | Arrest ; attachment ; presence ; basis of jurisdiction ; constitutionality ; forum non conveniens |
| Subjects: | K Law > K Law (General) |
| Departments: | Faculty of Arts & Social Sciences > Law School |
| ID Code: | 21005 |
| Deposited By: | Mr RF Oppong |
| Deposited On: | 08 Dec 2008 11:39 |
| Refereed?: | Yes |
| Published?: | Published |
| Last Modified: | 26 Jul 2012 15:42 |
| Identification Number: | |
| URI: | http://eprints.lancs.ac.uk/id/eprint/21005 |
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