Chapter

Purchase and Sale

Jan Lotz

in Southern Cross

Published in print November 1996 | ISBN: 9780198260875
Published online March 2012 | e-ISBN: 9780191682162 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198260875.003.0012
Purchase and Sale

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This chapter discusses the development of the law of purchase and sale in South Africa, which has amounted to little more than a reaffirmation of the rules and principles of Roman and Roman-Dutch law based, as they were, on a philosophy of economic liberalism. In certain respects the basic stance of Roman-Dutch law was given an even sharper edge due to the fact that essentially socially oriented (if not always sophisticated) institutions such as naastingsrecht (ius retractus, retractus conventionalis) and laesio enormis were either never received or received and subsequently abolished in South African law. Consumer-orientated legislation of more recent date has not affected the essential structure of the contract. It remains to be seen whether the climate created by the new constitutional dispensation in South Africa will allow the present balance between private autonomy and social justice to remain as it is.

Keywords: South African law; law of purchase and sale; Roman-Dutch law; economic liberalism

Chapter.  15121 words. 

Subjects: History of Law

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