Abstract

KLEYN, Duard  and  VAN NIEKERK, Gardiol. Ulpian's praecepta iuris and their role in South African law Part 1: Historical context. Fundamina (Pretoria) [online]. 2014, vol.20, n.1, pp.437-445. ISSN 2411-7870.

This article provides an historical overview of Ulpian's praecepta iuris and focuses on their roots in Greek philosophy and their role in Roman law. It alludes briefly to the meaning of the praecepta in later legal literature such as the Glossa ordinaria and the works of Kant. It reflects on the role of the praecepta in Roman-Dutch law, the common law of South Africa. In Part 2 of this contribution, we explore the influence of the praecepta iuris in present-day South African law, including African customary law.

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