7 articles in this issue
Seán Patrick Donlan
This issue of the Potchefstroom Electronic Law Journal (South Africa) sees the publication of a selection of articles derived from the Third International Congress of the World Society of Mixed Jurisdiction Jurists (WSMJJ). That Congress was held at... see more
Antonios E Platsas
The Israeli legal system is unique in that it straddles the two otherwise opposing worlds of tradition and innovation. This creates an enigma for the comparatist, making the exploration of this system an onerous and challenging task. The author wishes to ... see more
Haim Sandberg
Civil Law codices are analytic, abstract and removed from the specific influence of particular cases. When rules are codified In Common Law systems they reflect a collection of rulings and not a collection of analytic principles. These differences stem fr... see more
Biagio Andò
Aim of this paper is to provide valuable insights into the Maltese legal system with a special focus on private law. The assumption is that this legal system is the by-product of the "mixing" of innovation and tradition, resulting from the interaction of ... see more
Lukas Heckendorn Urscheler
The Nepali legal tradition is a legal hybrid in many regards. Nepal was not colonised by a Western state, and the Hindu legal tradition therefore dominated all areas of law until the middle of the 20th century. Since the 1950s there has been a strong infl... see more
PJW (Flip) Schutte
Two divergent systems are usually differentiated between when it comes to the way in which real rights are transferred from one person to another, namely abstract and causal systems. In this article the features of each system, the respect in which they d... see more
Gerrit Pienaar
Customary land tenure is normally not based on codified or statutory sources, but stems from customary traditions and norms. When westernised courts have to interpret and adjudicate these customary traditions and norms, the normal rules of statutory inter... see more