
Published online:
22 March 2012
Published in print:
07 November 1996
Online ISBN:
9780191682162
Print ISBN:
9780198260875
Contents
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I. Introduction I. Introduction
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II. Legislative Changes in the Law of Suretyship II. Legislative Changes in the Law of Suretyship
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1. The formalities necessary for a valid contract of suretyship 1. The formalities necessary for a valid contract of suretyship
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2. The fall of women’s suretyship benefits 2. The fall of women’s suretyship benefits
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III. Judicial Changes in the Law of Suretyship III. Judicial Changes in the Law of Suretyship
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1. The definition of suretyship 1. The definition of suretyship
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2. The right to contribution between co-sureties arises ex jure 2. The right to contribution between co-sureties arises ex jure
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3. The extent of the co-surety’s right to contribution from his fellows 3. The extent of the co-surety’s right to contribution from his fellows
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4. The demise of the exceptio doli generalis 4. The demise of the exceptio doli generalis
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5. The demise of correality 5. The demise of correality
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IV. Changes in the Operation of the Law IV. Changes in the Operation of the Law
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V. Conclusions V. Conclusions
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Cite
Forsyth, C. F., 'Suretyship', in Reinhard Zimmermann, and Daniel Visser (eds), Southern Cross: Civil Law and Common Law in South Africa (Oxford , 1996; online edn, Oxford Academic, 22 Mar. 2012), https://doi.org/10.1093/acprof:oso/9780198260875.003.0014, accessed 28 Apr. 2025.
Abstract
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that the move towards standard-form contracts has rendered large parts of the law redundant, even if not formally repealed.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.
Subject
History of Law
Collection:
Oxford Scholarship Online
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