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Roman Dutch Law meets the Common Law on Jurisdiction in International Matters.

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

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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: Journal 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: 03 Apr 2018 00:04
Identification Number:

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