Agency and Stipulatio Alteri

David J. Joubert

in Southern Cross

Published in print November 1996 | ISBN: 9780198260875
Published online March 2012 | e-ISBN: 9780191682162 | DOI:
Agency and Stipulatio Alteri

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This chapter discusses the development of the South African law of agency and how it differs in many respects from the Dutch law of the 16th, 17th, and 18th centuries. A solid Roman legal basis underlies the contract between principal and agent, with additions and alterations to take account of modern problems. The use of comparative law was, for historical and linguistic reasons, limited to Anglo-American sources. The Roman-Dutch concept of agency has been expanded under English influence to include the doctrines of the undisclosed principal, and estoppel, or ostensible authority. This reception of these doctrines has been criticized, but they are now so firmly entrenched that only legislation could dislodge them. Difference of opinion also exists as to whether this would be desirable. The law may be weak in theory but it is strong in providing practical solutions for most modern situations.

Keywords: South African law; law of agency; Roman-Dutch law; principal; agent

Chapter.  11530 words. 

Subjects: History of Law

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