The aim of this work remains to set out the basic principles of South African private law systematically, in clear unmistakable language, and as comprehensively as is possible in a single volume. Over the years, Wille's principles has appealed to judges, practitioners and students alike, and this edition is also written with the needs of these groups in mind. This edition, of which Dale Hutchison was general editor, was a notable success in this regard, and we have sought to follow its example of balancing the retention of ...
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The aim of this work remains to set out the basic principles of South African private law systematically, in clear unmistakable language, and as comprehensively as is possible in a single volume. Over the years, Wille's principles has appealed to judges, practitioners and students alike, and this edition is also written with the needs of these groups in mind. This edition, of which Dale Hutchison was general editor, was a notable success in this regard, and we have sought to follow its example of balancing the retention of the basic structure of the work with innovation in the treatment of its subject matter and the dissemination of original research. We have nevertheless as far as possible maintained the very useful practice in previous editions of citing the older, original authority for a proposition alongside contemporary sources. Many of the changes were necessitated or inspired by the Constitution, which has radically altered the foundations of our legal system. The impact of the Bill of Rights on private law has been significant and is growing, via both the horizontal application of fundamental rights and their legislative implementation and elaboration. This is reflected in the structure and content of the new introductory general part as well as in the text of virtually every chapter. Importantly, the constitution has given new prominence to indigenous customary law, and in this edition we have sought, where possible in and relevant for a work of this nature, to reflect its status as equal partner of the common law. This has led to major changes in almost all of the chapters on Persons and the Family. The frequency of far-reaching judicial changes to the law combined with the uncertainties of legislative timetables to necessitate several significant revisions during the final stages of preparation for publication.
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