Identifier: southafricaitsfu00argy (find matches)
Title: South Africa and its future
Year: 1903 (1900s)
Authors: Argyll, John Douglas Sutherland Campbell, Duke of, 1845-1914 Creswicke, Louis
Subjects:
Publisher: London : T.C. & E.C. Jack
Contributing Library: University of California Libraries
Digitizing Sponsor: Internet Archive

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under rules quite different from the English rules as to capacityto enter into and to perform contracts, as to property rights, and asto family relations. Results of some importance may chiefly beexpected from the fact that, since the annexation and the trans-formation of the Republics into British Colonies, the presumption inlaw that British immigrants intend to adopt a new domicile, and sub-ject themselv^es and their property to a new legal system, mustnecessarily be stronger than when residence was being taken up inthe territory, then foreign, of two Boer Republics. In the future,not alone, as hitherto, contracts of service and contracts as regardsproperty, but the relationship, personal and as affecting property,of marriage and succession, will fall under the jurisdiction of a HighCourt administering primarily the Law of Rome. The Court willapply the Law of England to those latter conditions only in cases inwhich they consider that, in accordance with the principles of Private 24
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Ph.it..: Husciell, L..1I.1 RIGHT HON. SIR J. GORDON SPRIGG, K.C.M.G. Prime Minister of Cape Colony, Law and Language International Law, the English system is applicable—the presumptionnow being that, as a general rule, it is not applicable. As regards the capacity of adults to enter into and be bound bycontract, the most striking difference between the English andRoman Dutch systems is the survival, under the latter, of a modi-fied form of the Roman Interdiction of the Prodigal. Under certaincircumstances, on application of friends or relatives, such an ordercan issue. Again, contracts of service made out of South Africa arenot binding unless entered into again before a public official inSouth Africa. In respect to the tenure of property, more especially of propertyin land, the differences which exist are all in favour of Roman DutchLaw. An admirable system of registering tides to land, whether ofownership or mortgage, exists in South Africa, as on the Continentof Europe, where that

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