Faculty of Law
Department of Legal History, Comparative Law and Legal Philosophy
Selected Highlights from Research Findings
The research shows that the legal concepts on which insurance is based, were part of Roman law. Since the scope of the stipulatio-contract was virtually unlimited, insurance transactions could be implemented by way of this contract. This hypothesis is validated by literary sources, justifying the conclusion that, in spite of the fact that the insurance contract did not form part of the Roman contracts, insurance as such was part of Roman commercial life.
Contact person: Prof PJ Thomas.
The Pillay case should have ended the debate on the extent to which schools must accommodate the religious and cultural beliefs of scholars. As a Constitutional Court decision, this case should have given clarity. However, it raises more questions than answers and introduces the concept of “reasonable accommodation” into the discourse. Consequently, scholars have protected rights and schools must review their policy documents in order to avoid the infringement of scholar’s constitutional rights to express their beliefs by wearing symbols to school.
Contact person: Prof CMA Nicholson.
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