Pub Date : 1900-01-01DOI: 10.17159/2411-7870/2015/V21N2A3
J. Henning
The origins of the Cape Special Partnerships Limited Liability Act of 1861 and the Natal Special Partnerships Limited Liability Act of 1864 have been open to question for quite some time in South Africa. The view that it was taken over directly from the United Kingdom cannot be supported. This contribution traces the origins of this legislation through the limited partnership legislation of New Zealand and Australia, back to the influential New York Limited Partnerships Act of 1822, and even further back to the very first limited partnership legislation in a common-law jurisdiction, namely the Irish Anonymous Partnerships Act of 1781, French Code de Commerce and Louis XIV's Ordinance Pour le Commerce of 1673. This supports a conclusion that in the latter Ordinance, limited partnership legislation and the partnership encommandite ultimately share a remote ancestor. In addition, attention is drawn briefly to the fortunes of the Natal and, especially, the Cape legislation in South Africa and four other jurisdictions in Southern Africa.
{"title":"The Cape and Natal special partnerships limited liability acts. A statutory history","authors":"J. Henning","doi":"10.17159/2411-7870/2015/V21N2A3","DOIUrl":"https://doi.org/10.17159/2411-7870/2015/V21N2A3","url":null,"abstract":"The origins of the Cape Special Partnerships Limited Liability Act of 1861 and the Natal Special Partnerships Limited Liability Act of 1864 have been open to question for quite some time in South Africa. The view that it was taken over directly from the United Kingdom cannot be supported. This contribution traces the origins of this legislation through the limited partnership legislation of New Zealand and Australia, back to the influential New York Limited Partnerships Act of 1822, and even further back to the very first limited partnership legislation in a common-law jurisdiction, namely the Irish Anonymous Partnerships Act of 1781, French Code de Commerce and Louis XIV's Ordinance Pour le Commerce of 1673. This supports a conclusion that in the latter Ordinance, limited partnership legislation and the partnership encommandite ultimately share a remote ancestor. In addition, attention is drawn briefly to the fortunes of the Natal and, especially, the Cape legislation in South Africa and four other jurisdictions in Southern Africa.","PeriodicalId":338511,"journal":{"name":"Fundamina: a Journal of Legal History","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127718306","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.17159/2411-7870/2016/V22N1A8
P. Plessis
This interesting study is concerned with one of those perennial problems of the civilian tradition, namely the rise of "contributory negligence" in cases of delict. Van Dongen traces the history of this notion from Roman to contemporary law. The book is divided into six chapters. Chapter 1 contains an introduction in which the main topic of study, the method adopted and the structure are all set out. Diachronic studies of an aspect of legal history are tricky and the method and scope sections are well worth reading. The author does a good job of limiting and justifying the choices made further on in the volume. It is particularly interesting to see the comments about Roman law and how one should not merely see it as the starting point in a long line of development.
{"title":"Van Dongen, EGD: Contributory negligence - A historical and comparative study","authors":"P. Plessis","doi":"10.17159/2411-7870/2016/V22N1A8","DOIUrl":"https://doi.org/10.17159/2411-7870/2016/V22N1A8","url":null,"abstract":"This interesting study is concerned with one of those perennial problems of the civilian tradition, namely the rise of \"contributory negligence\" in cases of delict. Van Dongen traces the history of this notion from Roman to contemporary law. The book is divided into six chapters. Chapter 1 contains an introduction in which the main topic of study, the method adopted and the structure are all set out. Diachronic studies of an aspect of legal history are tricky and the method and scope sections are well worth reading. The author does a good job of limiting and justifying the choices made further on in the volume. It is particularly interesting to see the comments about Roman law and how one should not merely see it as the starting point in a long line of development.","PeriodicalId":338511,"journal":{"name":"Fundamina: a Journal of Legal History","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129736060","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.17159/2411-7870/2016/V22N2A1
M. Conradie
It is safe to state that the right to work - to provide labour in return for remuneration - has its origin in a person's right to existence. A person's right to physical and emotional existence is probably the most fundamental of all human rights. In primitive times this right was subdivided into seven categories: the right to fish, to hunt, to work land, to harvest, to associate, to be free from troubles and the right to loot. But an increase in the population on earth and a consequent decrease in natural resources led to the exchange of the first four rights (fishing, hunting, cultivation and harvesting) for a right where independent existence was lost forever: labour.
{"title":"The constitutional right to fair labour practices : a consideration of the influence and continued importance of the historical regulation of (un)fair labour practices pre-1977","authors":"M. Conradie","doi":"10.17159/2411-7870/2016/V22N2A1","DOIUrl":"https://doi.org/10.17159/2411-7870/2016/V22N2A1","url":null,"abstract":"It is safe to state that the right to work - to provide labour in return for remuneration - has its origin in a person's right to existence. A person's right to physical and emotional existence is probably the most fundamental of all human rights. In primitive times this right was subdivided into seven categories: the right to fish, to hunt, to work land, to harvest, to associate, to be free from troubles and the right to loot. But an increase in the population on earth and a consequent decrease in natural resources led to the exchange of the first four rights (fishing, hunting, cultivation and harvesting) for a right where independent existence was lost forever: labour.","PeriodicalId":338511,"journal":{"name":"Fundamina: a Journal of Legal History","volume":"13 10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124685198","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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