... in Scots and South African law might be joined by further common considerations in the twenty-first century. conditio si institutus sine liberis decesserit conditio si testator sine liberis decesserit Scotland Justinian Macdonald D R Papinian Stair Viscount Institutions succession law in Netherlands...

...This chapter examines the history of succession agreements in Scots and South African law. It explains that succession agreements fall into two broad categories: the classic or indirect type, which attempts to affect a succession by influencing the contents of a will; and the direct type, which...

..., started to do so in the case of the protection of quasi-possession. This chapter examines these developments against the historical background of the development of South African law. South African law ius commune mandament van spolie possessory remedies Austrian law possession of rights quasi...

... and South African law. The chapter specifically provides an interpretation of the PECL rules in Articles 5:101 and 5:102. interpretation of contracts Principles of European Contract Law PECL common intention of parties contra proferentem rule France Italy Codice Civile Papinian English law Pothier R...

... South African law Scots law mixed character A. INTRODUCTION B. FORM AND MANNER OF PAYMENT (1) South African and Scots law (2) PECL compared to South African and Scots law (3) Conclusion C. PAYMENT BY THIRD PARTY (1) Introduction (2) South African law (3...

...This chapter considers termination as a remedy for breach of contract under the Principles of European Contract Law (PECL). The PECL provisions on termination for non-performance are similar to Scots and South African law in a number of important respects, not surprisingly in view of the common law...

... will mental incapacity South African law Roman-Dutch law modern law A. INTRODUCTION B. PRIORITY OF TESTAMENTARY SUCCESSION C. LEGITIMATE PORTION D. DELEGATION E. CAPACITY TO EXECUTE A WILL (1) Mental incapacity (2) Testators who are aged or infirm (3) Medium...

... under Scots and South African laws, and explains its practical utility and theoretical nature. The chapter also discusses the obligatory and proprietary aspects of assignment under the PECL. assignment Abtretungsmechanismus Grundregeln presumptio simulitudinis Principles of European Contract Law...