Roman-Dutch law is the fusion of Roman civil law with the customary law of Holland, formed and applied in the province of Holland during the Dutch Republic and carried by Dutch colonists to overseas territories, most durably the Cape of Good Hope. Its leading exponents were jurists Hugo Grotius, Johannes Voet and Ulrich Huber. It survived far longer in its colonial offshoots than at home: in the Netherlands itself the old law was replaced by modern codes, while it remains the doctrinal foundation of South African law and heavily influenced Scots law.
Facts
Origin YearNo single founding date is given; sources describe a 17th to 18th century flowering in the province of Holland rather than a precise year. 1600 is offered as a century-level approximation. Example JurisdictionsSouth Africa, Sri Lanka, Guyana, Botswana, Lesotho, Namibia, Eswatini, Zimbabwe, Indonesia, Suriname, East Timor 1 Primary Source of LawScholarly legal writing and judge-made precedent 1 Classification
Legal Family Roman-Dutch Law
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FAQs
What is Roman-Dutch law?
A fusion of Roman civil law and Holland's customary law, uncodified and scholarship-driven.
Roman-Dutch law is the fusion of Roman civil law with the customary law of Holland, formed and applied in the province of Holland during the Dutch Republic. It is described as an uncodified, scholarship-driven, and judge-made legal system, dated from about 1600.
Where is Roman-Dutch law still applied?
South Africa, Sri Lanka, Guyana, Botswana and several other countries.
The jurisdictions listed are South Africa, Sri Lanka, Guyana, Botswana, Lesotho, Namibia, Eswatini, Zimbabwe, Indonesia, Suriname and East Timor.
Connections
Associated With
Roman-Dutch law descends from the same Roman legal tradition codified in the Corpus Juris Civilis.
Source Roman-Dutch Law (Wikipedia)
Roman-Dutch law heavily influenced Scots law.
Source Roman-Dutch Law (Wikipedia)
In Legal Family
Includes
Source Delict (Wikipedia)
Source Supreme Court of Appeal (South Africa) (Wikipedia)
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Also in Geography Atlas: where this subject is found.
Also in Geography Atlas: where this subject is found.
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Sources
1. Roman-Dutch Law (Wikipedia)
WikipediaIntroduction section
an uncodified, scholarship-driven, and judge-made legal system.
- Roman-Dutch law is a variety of the European continental civil law or ius commune
- Associated With: Corpus Juris Civilis
Delict (Wikipedia)
Includes: Delict, LeadQuote, Includes: Delict, Lead
In Scots and Roman Dutch law, it always refers to a tort, which can be defined as a civil wrong consisting of an intentional or negligent breach of duty of care that inflicts loss or harm and which triggers legal liability for the wrongdoer.
Supreme Court of Appeal (South Africa) (Wikipedia)
Includes: Supreme Court of Appeal (South Africa), Lead (country)Quote, Includes: Supreme Court of Appeal (South Africa), Lead (country)
The Supreme Court of Appeal (SCA), formerly known as the Appellate Division, is the second-highest court of appeal in South Africa below the Constitutional Court.
Roman-Dutch law (Wikipedia)
WikipediaIn Group: Mixed Jurisdictions of the Civil and Common Law, Introduction, sentence 1Quote, In Group: Mixed Jurisdictions of the Civil and Common Law, Introduction, sentence 1
Roman-Dutch law (Dutch: Rooms-Hollands recht, Afrikaans: Romeins-Hollandse reg) is an uncodified, scholarship-driven, and judge-made legal system based on Roman law as applied in the Netherlands in the 17th and 18th centuries.
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