Last edited by Gardagore
Tuesday, November 10, 2020 | History

2 edition of Aspects of the Actio iniuriarum in Roman-Dutch law. found in the catalog.

Aspects of the Actio iniuriarum in Roman-Dutch law.

Chittharanjan Felix Amerasinghe

Aspects of the Actio iniuriarum in Roman-Dutch law.

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Published by Lake House Investments in Colombo .
Written in English

    Subjects:
  • Torts (Roman-Dutch law)

  • Edition Notes

    StatementWith a foreword by C.J. Hamson.
    Classifications
    LC ClassificationsKJA2629 .A73 1966
    The Physical Object
    Paginationxxvi, 261 p.
    Number of Pages261
    ID Numbers
    Open LibraryOL14737M
    LC Control Numbersa 67006670
    OCLC/WorldCa1805854


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Aspects of the Actio iniuriarum in Roman-Dutch law. by Chittharanjan Felix Amerasinghe Download PDF EPUB FB2

Sources. Delict in Roman law fell under the law of obligations. Roman-Dutch law, based on Roman law, is the strongest influence on South Africa's common law, where delict also falls under the law of has been pointed out, however, In contrast to the casuistic approach of the Roman law of delict, the South African law of delict is based [ ] on three pillars: the actio legis.

Get Aspects of the Actio iniuriarum in Roman-Dutch law. book from a library. Aspects of the Actio iniuriarum in Roman-Dutch law. [Chittharanjan Felix Amerasinghe]. Get this from a library.

Defamation and other aspects of the Actio iniuriarum in Roman-Dutch law in Ceylon & South Africa. [Chittharanjan Felix Amerasinghe]. Aspects of the Actio Iniuriarum in Roman-Dutch Law. By Chittharanjan Felix Amerasinghe, m.a., ll.b.

(Cantab.), ll.m. (Harvard), ph.d. (Ceylon), Senior Lecturer in Law Author: C. Turpin. The actio injuriarum of Roman Dutch Law of Delict gives a general remedy for wrongful invasion of personal rights with regard to dignity and reputation made intentionally.

The actio iniuriarum was, in the Roman law, a delict which served to protect the non-patrimonial aspects of a person’s existence –‘who a person is rather than what a person has’ 15 – their physical body, their reputation and their esteem.

16 As the propagation of sexually explicit. writers, who drew heavily on their Roman-Dutch training, rather than by the courts through case law. Yet notwithstanding that claimed love of principle, the treatment of one of Roman law’s most significant contributions to legal thought, the actio iniuriarum, which was a central feature of the Scottish law of obligations during the.

Amerasinghe, CF Aspects of the Actio Iniuriarum in Romano-Dutch Law (Ceylon: Lake House, ) p Bankton Institute Stair Institutions Description: The Cambridge Law Journal publishes articles on all aspects of law.

Special emphasis is placed on contemporary developments, but the journal's range includes jurisprudence and legal history. An important feature of the journal is the Case and Comment section, in which members of Aspects of the Actio iniuriarum in Roman-Dutch law.

book Cambridge Law Faculty and other distinguished contributors analyse recent judicial decisions, new. Aspects of the actio iniuriarum in Roman-Dutch law / by Chittharanjan Felix Amerasinghe ; with a forewor Geskiedenis van die Romeins-Hollandse reg / D.

van Zyl; The Roman-Dutch and Sesotho law of delict. [By] Vernon V. Palmer; Compensation for improvements: the Roman Dutch law in Sri Lanka / Marleen H.J. van den Horst.

12 Neethling, J () Law of Personality, 2nd ed., LexisNexis, Durban: ; Amerasinghe, C () Aspects of the Actio Iniuriarum in Roman-Dutch Law, Lake House Investments Publishers, Colombo: 13 See for example Grotius (note 6: III) confirming that sexual intercourse with a married woman is an injury against her husband.

This chapter presents an overview which seeks to place the development of the Roman-Dutch law within a broader South African historical context, making liberal use of some of the detailed recent work of specialists in South African history.

It raises the question of why the legal system is virtually exclusively European. It also seeks to suggest that Roman-Dutch law, with its powerful.

Review 47 law of iniuria, and Eric Descheemaeker, in four more sections, deals with some of the conceptual issues connected with the attempt to examine iniuria from the perspective of the common law: the precise nature of iniuria, which was not clearly defined but rather an open-ended principle in Roman law.

ASPECTS OF THE ACTIO INIURIARUM IN ROMAN-DUTCH LAW. By C. AMERASINGHE. [Lake House Investments Ltd. 70s. net.] THE author has made a detailed study of the modern case-law in selected topics within the ambit of the actio injuriarwm in the field of delict (civil wrongs) in the two legal systems which apply the principles of the Roman.

This book completes the study of the actio iniuriarum which the author embarked upon in his previous work, Aspects of the Actio Iniuriarum in Roman-Dutch Law, reviewed in [] There Dr.

Amera¬ singhe considered the role of the actio iniuriarum as a remedy for abuse of legal process, interference with marital relations, invasion of. Whatever the case, the neglect that the actio iniuriarum has suffered, in Scotland, is to be mourned.

One only has to look to South Africa – which, by a quirk of history, is Scotland’s closest. The actio legis Aquiliae, the action iniuriarum and the action for pain and suffering concur in the following ways: The first two concur in circumstances where an iniuria also causes patrimonial damage Example: an assault brings about hospital and medical expenses or a doctor or attorney losing patients or clients as a result of defamation.

Please note that the content of this book primarily consists of articles available from Wikipedia or other free sources online. Pages: Chapters: Actio iniuriarum, Bourhill v Young, Causation (law), Damnum iniuria datum, Delict (Scots law), Donoghue v Stevenson, Fourway Haulage SA v SA National Roads Agency, Hughes v Lord Advocate, Idionymon, International Shipping v Bentley, Kay's Tutor v Format: Impressão sob demanda (capa comum).

In contrast to the casuistic approach of the Roman law of delict, the South African law of delict is based [ ] on three pillars: the actio legis Aquiliae, the actio iniuriarum and the action for pain and suffering. Unlike the last-mentioned action which developed in Roman-Dutch law, the first two remedies had already played an important role.

law.1 Not surprising, then, “ars boni et aequi” as the backbone of Roman-Dutch law is a recurring theme in judicial decisions and academic writing in South Africa. Recently, in the decision of Le Roux v Dey, 2 the Constitutional Court of South Africa once again encapsulated this as the essence of Roman-Dutch law when it characterised.

actio iniuriarum action Africa Act alleged Amerasinghe animus iniuriandi applies Argus Printing Associated Newspapers bodily Botha Burchell Delict cf further cf nevertheless Cf supra Coetser conduct contumelia court damages defamation defamatory defendant deprivation of liberty dignitas dignity dolus example fama feelings ground of.

ACKNOWLEDGEMENTS I would gratefully like to acknowledge the following: C M y c o lle a g u e s fro m th e la w fa c u lty o f th e e rs tw h ile U n iv e rs ity of Port Elizabeth (now part of the Nelson Mandela Metropolitan University) for their assistance and support.

T1 - The actio injuriarum in Scots Law. T2 - romantic romanism or tool for today. AU - Norrie, Kenneth. PY - /8/ Y1 - /8/ N2 - A discussion of the place of the actio injuriarum in contemporary Scots law. AB - A discussion of the place of the actio injuriarum in contemporary Scots law.

KW - injuria. KW - honour. KW - delict. Get this from a library. Defamation and other aspects of the Actio IIniuriarum in Roman-Dutch law: in Ceylon & South Africa. [C F Amerasinghe]. A third option is to use aspects of the actio iniuriarum and delictual liability to fashion a flexible form of protection.

A comprehensive history of the protection of personality rights in Scots law is provided by John Blackie to enable the reader to understand the historical context of the debate. When Culture Clashes with the Criminal Law Case note on S v Hamunakwadi (1) ZLR (H); S v Musino HH and S v Taurayi HH By Geoff Feltoe; Aligning the Administrative Justice Act with the Constitution; Books.

Final Papers of the National Symposium on the Promise of the Declaration of Rights under the Constitution of Zimbabwe. Roman-Dutch law, based on Roman law, The defence of jest is directed at the first aspect of intention: viz, that the will was not directed at the attainment of a particular consequence.

The sole criterion is whether or not the defendant subjectively and in good faith meant the conduct to be a joke. Under the actio iniuriarum, harm. The actio iniuriarum is considered principally in its modern application, in the Roman-Dutch law of South Africa and of Ceylon.

The antece-dents of the delict of inirria sn Roman law and the old Roman-Dutch law of Holland also receive attention, but the authcor seems less at home among the old authorities.

There is aburldant citation of the Roman. General aspects. Broadly, the Aquilian action provides a remedy for patrimonial loss and the actio injuriarum affords compensation for sentimental loss. However, under the influence of Germanic custom, Roman-Dutch law accepted that there could be recovery for certain forms of non-patrimonial damage under the actio legis this latter regard, it is possible, under the modern Aquilian.

BOOK REVIEWS Amerasinghe, C. F.: Aspects of the Actio Iniuriarum in Roman-Dutch Law Anderson, I. (Ed.): Family Law in Asia and Africa ♥ Book Title: The Law of Delict in South Africa ♣ Name Author: M. Loubser ∞ Launching: Info ISBN Link: ⊗ Detail ISBN code: ⊕ Number Pages: Total sheet ♮ News id: 01ftSAAACAAJ Download File Start Reading ☯ Full Synopsis: "The text will present an introductory, comprehensive overview of the field, and content will be structured to meet.

32 See Amerasinghe, C. F., Aspects of the Actio Iniuriarum in Roman-Dutch Law, Colombo, Another example of the gulf between customary law and common law ideas is the case of Kiwanuka v. Obote, Case No. of, discussed briefly below, p.

Try the new Google Books Get print book. No eBook available Aanspreeklikheid actio iniuriarum action for pain African Appellate Division applied approach Aquilian action patrimonial loss person plaintiff Potgieter Damages Pretoria principle question reasonably foreseeable regard requirement result Roman-Dutch law SALJ Skade Snyman.

Try the new Google Books Get print book. No eBook available Aanspreeklikheid According actio iniuriarum applied approach Aquilian action Aswegen Bank Ltd Boberg Delict boni Potgieter Damages Pretoria principle question reasonable person reasonably foreseeable regard relevant Rensburg requirement result Roman-Dutch law Skade Smit Snyman.

Advanced. Customer Services. Log In | Register. This book is widely regarded as one of the most remarkable achievements in Roman Law and Comparative Law scholarship this century - a fact attested to by the universal acclaim with which it has been received throughout Europe, America, and beyond.

As a work of Roman Law scholarship it fusesthe vast volume of 20th century scholarship on the Roman law of obligations into a clear and /5(8). Note the difference between Roman law, Roman-Dutch law, and South African law with regard to the protection of the physical-mental integrity of a person.

Activity 4 1. Describe the historical development of the action for pain and suffering. Name the recognised injuries. The burgeoning body of law recognising dignity as the foundational human right also restrains any fetishization of competing rights such as free speech.

The taxonomy of the Roman Law actio iniuriarum and its descendants in European civil law and Roman-Dutch law, which have always protected aspects of dignity including privacy, will be used to. Doctor C F Amerasinghe in his Aspects of the Actio Iniuriarum in Roman-Dutch Law says (at 22) that 'reasons of legal policy which have not been expressly formulated seem to have made the termination of the proceedings in favour of the plaintiff a requirement of the iniuria [of malicious prosecution]'.

Aspects of the actio iniuriarum in Roman-Dutch law / by Chittharanjan Felix Amerasinghe ; with a forewor The Roman-Dutch and Sesotho law of delict.

[By] Vernon V. Palmer; Compensation for improvements: the Roman Dutch law in Sri Lanka / Marleen H.J. van den Horst; The South African legal system and its background / by H. Hahlo and. This chapter discusses the contract of suretyship, traditionally the most important type of personal security.

The second part considers the three types: sponsio, fidepromissio, and fideiussio. The third part looks at the accessoriness of suretyship in Roman law.

The fourth part considers idem debitum, looking at the principles of ‘Konsumptionskonkurrenz’, ‘Solutionskonkurrenz.The actio iniuriarum in Scots Law: Romantic Romanism or Tool for Today? Kenneth McKenzie Norrie 4. Solatium and Injury to Feelings: Roman Law, English Law and Modern Tort Theory Eric Descheemaeker 5.

Dissimulatio Paul Mitchell 6. Contumelia and the South African Law of Defamation Helen Scott 7.In this book and his earlier treatise on the actio iniuriarum Dr.

Amerasinghe has made a valuable contribution to the literature of the modern Roman-Dutch law of delict. The case law is very thoroughly canvassed and both books contain much excellent argument. Here and there the author's style is somewhat laboured and there are occasional.