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 1744-1048Full text not available from this repository.
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.
|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|
|Deposited By:||Mr RF Oppong|
|Deposited On:||08 Dec 2008 11:39|
|Last Modified:||26 Jul 2012 15:42|
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