Civil Procedure in South Africa

3. Auflage 2015
ISBN: 978-90-411-6152-9
Verlag: Wolters Kluwer

Buch, Englisch

Reihe: International Encyclopaedia of Laws

Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient volume provides comprehensive analysis of the legislation and rules that determine civil procedure and practice in South Africa. Lawyers who handle transnational matters will appreciate the book’s clear explanation of distinct terminology and application of rules. The structure follows the classical chapters of a handbook on civil procedure: beginning with the judicial organization of the courts, jurisdiction issues, a discussion of the various actions and claims, and then moving to a review of the proceedings as such. These general chapters are followed by a discussion of the incidents during proceedings, the legal aid and legal costs, and the regulation of evidence. There are chapters on seizure for security and enforcement of judgments, and a final section on alternative dispute resolution. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance.

Succinct, scholarly, and practical, this book will prove a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in South Africa will welcome this very useful guide, and academics and researchers will appreciate ist comparative value as a contribution to the study of civil procedure in the international context.

Autoren/Hrsg.

Keilbrick, Roshana

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

The Author
General Introduction
Chapter 1. General Background
Chapter 2. Delimitation of the Subject-Matter
Chapter 3. Sources of Civil Procedure Law
Chapter 4. General Features of the Administration of Justice in Civil Matters
Part I. Judicial Organization
Chapter 1. The Courts and Their Members
Chapter 2. The Bar
Chapter 3. The Sheriffs (Bailiffs)
Part II. Jurisdiction
Chapter 1. Domestic Jurisdiction
Chapter 2. International Jurisdiction
Part III. Actions and Claims
Chapter 1. Actions
Chapter 2. Claims and Defences
Chapter 3. Sanctions on Procedural Irregularities
Part IV. Proceedings
Chapter 1. Pre-trial Proceedings
Chapter 2. Proceedings in First Instance
Chapter 3. Review Proceedings
Part V. Incidents
Chapter 1. Interlocutory Applications
Chapter 2. Withdrawal and Discontinuance of Action
Chapter 3. Challenge of Judges
Part VI. Legal Aid and Legal Costs
Chapter 1. Legal Aid
Chapter 2. Legal Costs
Part VII. Evidence
Chapter 1. Burden of Proof
Chapter 2. Admissibility of Evidence
Chapter 3. Administration of Evidence
Part VIII. Particular Proceedings
Chapter 1. Interdicts
Chapter 2. Cases Where No Pleadings Are Filed
Chapter 3. Other Proceedings
Part IX. Preliminary Seizure and Enforcement of Judgments
Chapter 1. Preliminary Seizure
Chapter 2. Enforcement of Judgments
Part X. Arbitration
Chapter 1. Arbitrability
Chapter 2. Arbitration Agreement and Party Autonomy
Chapter 3. Composition of Arbitral Tribunal
Chapter 4. Interim Measures and Preliminary Awards
Chapter 5. Conduct of Arbitral Proceedings
Chapter 6. Arbitral Award
Chapter 7. Recourse against Arbitral Award
Chapter 8. Recognition and Enforcement of Awards
Part XI. Mediation
Chapter 1. Legislation/Definitions
Chapter 2. Rights That Can Be Subject to Mediation
Chapter 3. Mediation Agreement
Chapter 4. Persons/Institutions That Can Act as Mediator
Chapter 5. Mediation Procedure
Chapter 6. Settlement Agreement
Chapter 7. Setting Aside a Settlement Agreement
Chapter 8. International Mediation
Selected Bibliography
Index