South African common law represents a European ius commune based upon Roman law
and Roman-Dutch law of the seventeenth century. Included within South African
common law is a large volume of medieval commentaries on Roman law, rarely touched
upon by legal historians. The number of South African legal practitioners with a working
knowledge of Latin has rapidly declined since the abolition of Latin as a compulsory subject for the LL.B degree in 1996. This state of affairs has led to the marginalisation of
untranslated common law sources, as fewer legal practitioners are able to read and
understand Latin. Although many Roman legal sources have already been translated into
modem Romance languages, medieval commentaries on Roman law are still largely
untranslated and therefore of little value to most legal practitioners. The idiosyncrasies
and peculiar language of medieval legal Latin has further contributed to the
untranslatability thereof, and even jurists with a working knowledge of classical Latin
find it difficult to translate. This study aims to provide access through translation and
historical annotation to an important untranslated medieval legal text, the Tractatus de
jluminibus seu Tyberiadis by the medieval Italian jurist, Bartolus of Saxoferrato (1313 -
1357). The text is concerned with alluvion, an original mode of acquisition of ownership,
which is still relevant in contemporary South African law and has recently been
perpetuated in section 33 of the Land Survey Act 8 of 1997. / Thesis (M.A.)--Potchefstroom University for Christian Higher Education, 2000
| Identifer | oai:union.ndltd.org:NWUBOLOKA1/oai:dspace.nwu.ac.za:10394/8600 |
| Date | January 1999 |
| Creators | Du Plessis, Paul Jacobus |
| Publisher | Potchefstroom University for Christian Higher Education |
| Source Sets | North-West University |
| Language | English |
| Detected Language | English |
| Type | Thesis |
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