Define: Roman-Dutch Law

The Roman-Dutch law, a legal system that was implemented in Holland between the 15th and 19th centuries, was a combination of Germanic customary law and Roman law. This legal framework serves as the foundation for contemporary South African law, as well as the legal systems of other nations in southern Africa and Sri Lanka. The Dutch introduced this law to their colonies in the East and West Indies, and even after some of these colonies came under British rule, the law remained in place. Presently, the entirety of South Africa adopts this law as its common law.

Roman-Dutch law, a legal system utilised in Holland from the mid-15th century to the early 19th century, was a combination of Germanic customary law and Roman law as interpreted in medieval and Renaissance law books. The name of this legal system was given by Simon van Leeuwen, who used it as the sub-title of his work called Paratitla Juris Novissimi, published in Leyden in 1652. The Dutch carried the principles of Roman-Dutch law to their settlements in the East and West Indies. When some of these territories, including the Cape of Good Hope, Ceylon, and part of Guiana, became British colonies, the old law was retained as the common law of these regions. As the British Empire expanded in South Africa, Roman-Dutch law became the common law for the entire area encompassed within the Union of South Africa. Presently, Roman-Dutch law serves as the foundation of modern South African law, the law of several other countries in southern Africa, and the law of Sri Lanka. One example of Roman-Dutch law is the principle of “good faith” in contract law, which necessitates that parties to a contract act honestly and fairly towards each other. If one party breaches this principle, the other party may have the right to cancel the contract or seek damages. Another example is the principle of “delict” in tort law, which holds that a person who causes harm to another person must compensate them for the harm inflicted. For instance, if a driver causes an accident that injures another person, the driver may be held accountable for the harm caused and may be required to provide compensation to the injured party. These examples demonstrate the influence of Roman-Dutch law on modern legal systems in various countries. Although the principles of Roman-Dutch law have been adapted and developed over time, they continue to play a significant role in shaping the law in these nations.

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This glossary post was last updated: 30th April 2024.