Research output: Contribution to Journal/Magazine › Journal article › peer-review
Research output: Contribution to Journal/Magazine › Journal article › peer-review
}
TY - JOUR
T1 - Roman Dutch Law meets the Common Law on Jurisdiction in International Matters.
AU - Oppong, Richard F.
PY - 2008/8
Y1 - 2008/8
N2 - An intriguing aspect of South Africa's Roman-Dutch jurisdictional rules is that a foreign defendant can be arrested for the purpose of assuming jurisdiction over him in a claim sounding in money. This rule, unknown to the common law, also exists in other Southern African countries and has been criticised. The rule was abolished by a recent decision of the South African Supreme Court of Appeal. The court also accepted mere presence within the jurisdiction as a basis of jurisdiction in international matters and suggested the defendant could contest whether South Africa was the forum conveniens. The former rule was unknown to Roman-Dutch law. The existence of the latter was disputed. But both are well entrenched in the common law. This paper examines the judgment and argues that it is a manifestation of a gradual movement of convergence between Roman-Dutch law and the common law.
AB - An intriguing aspect of South Africa's Roman-Dutch jurisdictional rules is that a foreign defendant can be arrested for the purpose of assuming jurisdiction over him in a claim sounding in money. This rule, unknown to the common law, also exists in other Southern African countries and has been criticised. The rule was abolished by a recent decision of the South African Supreme Court of Appeal. The court also accepted mere presence within the jurisdiction as a basis of jurisdiction in international matters and suggested the defendant could contest whether South Africa was the forum conveniens. The former rule was unknown to Roman-Dutch law. The existence of the latter was disputed. But both are well entrenched in the common law. This paper examines the judgment and argues that it is a manifestation of a gradual movement of convergence between Roman-Dutch law and the common law.
KW - Arrest
KW - attachment
KW - presence
KW - basis of jurisdiction
KW - constitutionality
KW - forum non conveniens
M3 - Journal article
VL - 4
SP - 311
EP - 327
JO - Journal of Private International Law
JF - Journal of Private International Law
SN - 1744-1048
IS - 2
ER -