Store Civil Procedure in South Africa, Fourth edition
Civil Procedure in South Africa, Fourth edition by KELBRICK

Civil Procedure in South Africa, Fourth edition

By Roshana Kelbrick, Fawzia Cassim
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Softcover
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Overview

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 its comparative value as a contribution to the study of civil procedure in the international context.

Publish Date 06/15/2018
Product Line Kluwer Law International
ISBN 9789403502946
SKU 10057379-0002
Table of Contents

The Authors

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. Pretrial 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

Volumes