Private International Law

The growing sophistication of South African private international law has become more evident in the years since the last edition. The Supreme Court of Appeal has delivered several important judgments which have had significant impacts on the law. Peregrines are now more readily subject to South Africa jurisdiction in several ways, and foreign judgments are now more readily enforced in South Africa. The problems of choice of law have not been neglected by the courts.

The fundamental problem of characterisation has been addressed by a perceptive and valuable judgment of the Supreme Court of Appeal, and there have been thoughtful judgments on many other areas including, for the first time, on choice of law in delict. Even more significantly, constitutional values have been making themselves felt on the development of the law in this area. In at least two areas same-sex marriages and the doctrine of arrest to found jurisdiction constitutional developments have required significant adjustments to the law. All these developments are fully described and explained with suggestions being made as to how the law might develop in the future.

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