Chapter

Suretyship

C. F. Forsyth

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/9780198260875.003.0014
Suretyship

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This chapter discusses the development of the law of suretyship. It identifies legislative and judicial changes in the law of suretyship and changes in the operation of the law. It argues that the move towards standard-form contracts has rendered large parts of the law redundant, even if not formally repealed. Moreover, there are signs that the kernel of the law may no longer be the ancient law of Justinian, but a new law whose heart will be present-day public policy.

Keywords: South African law; law of suretyship; standard-form contracts; Justinian

Chapter.  9121 words. 

Subjects: History of Law

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