December 2007




The enforcement of socio-economic rights, the protection of biodiversity, inter-country adoptions, matrimonial property and Roman property law are the diverse, though highly engaging themes of this last issue of the year.

  • In their article focusing on the process of the implementation of socio-economic rights by means of court orders in South Africa, Advocate Renier de Beer of Johannesburg and Professor Stella Vettori of the University of Pretoria urge the courts to become more adventurous in their methods of enforcement of their orders.

  • Charl de Villiers of the Botanical Society of South Africa points out a weakness in the regulations concerning environmental impact assessment in South Africa in his/her article concerning biodiversity, especially regarding threatened Cape flora on small plots of virgin land.

  • In her contribution, Pat Moodley, director of the Department of Justice and Constitutional Development in KwaZulu-Natal, South Africa, addresses the difficulties attending "the contentious terrain that inter-country adoptions has become" with reference to the jurisprudence of the Supreme Court of Appeal and international legal norms.

  • Robbie Robinson, professor of law in Potchefstroom, points inter alia to the commercial implications of the South African matrimonial property regime as it is being developed judicially under the constitutional imperative of equality, which leads him to conclude that this is a problematic instance of the counter-majoritarian difficulty.

  • In his comprehensive consideration of the question whether the Corpus Iuris Civilis reveals characteristics of an abstract system of property transfer, Dr Flip Schutte of Potchefstroom traces the history of this matter via the romanist Savigny's work to conclude that, in Justinian Roman law, a real agreement composed of a reciprocal intention to transfer and receive ownership detached from the underlying agreement, did not exist.

Editor: Professor Francois Venter / Edition editor: me Anél du Plessis

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