Chapter

Aquilian Liability I (Nineteenth Century)

AnnÉl van Aswegen

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/9780198260875.003.0018
Aquilian Liability I (Nineteenth Century)

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This chapter discusses the historical development of the actio legis Aquiliae in South Africa. During the period under discussion the actio legis Aquiliae remained essentially Roman-Dutch in nature and application. Thus, the basic rules and principles concerning the requirements of liability like, especially: the notions of iniuria and culpa; the position concerning the liability of joint wrongdoers; and concerning title to sue (in cases not involving trespass) remained substantially unchanged. However, there were also numerous indications of further development and refinement of Aquilian principles in 19th-century South African case-law. They were entirely in accordance with the civilian character of the remedy and were not based on any bias towards English law.

Keywords: South African law; law of delict; actio legis Aquiliae; Roman-Dutch law; liability

Chapter.  18470 words. 

Subjects: History of Law

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