Chapter

Negotiable Instruments

Charl Hugo

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/9780198260875.003.0016
Negotiable Instruments

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This chapter discusses the history of negotiable instruments in South Africa, focusing on those capita which have a particularly significant or interesting history. These are: the protection of the bona fide transferee ex causa onerosa; the position of the aval; the interpretation of ‘value’ in the Bills of Exchange Act; and the liability of the collecting bank. Before dealing with these topics, however, some comments on the Roman-Dutch wisselrecht are presented. The main problems experienced in the South African legal theory of bills of exchange are generally a consequence of the wholesale incorporation of English legislation. One can also glean from this history the impressive ability of the Roman-Dutch law to grow with the times. As a consequence, there is little doubt that Roman-Dutch law will continue developing in, and contribute to, the development of the new South Africa.

Keywords: South African law; bills of exchange; Roman-Dutch law; negotiable instruments; wisselrecht

Chapter.  22135 words. 

Subjects: History of Law

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