Adv Eesa Fredericks, a senior lecturer and Head of Department of Practical Business Law at the Faculty of Law, University of Johannesburg (UJ), successfully defended his doctoral thesis at Leiden University (Universiteit Leiden) during June 2016.
The title of his dissertation was “Contractual Capacity in Private International Law”.
Said Adv Fredericks: “The research contains a wide comparative study of reference rules in respect of the competence of a natural person to create rights and obligations by concluding a contract with another (natural or juristic) person.
“I would like to see the proposal employed in the judicial interpretation, supplementation and development of the norm complex of private international law, particularly in common-law and mixed jurisdictions,” said Fredericks. “They may even be considered for the purposes of future national, regional, supranational and international instruments in particular, the envisaged African Principles on the Law Applicable to International Commercial Contracts.”
Adv Fredericks pointed out that sixty-five legal systems are investigated, from the civil-law, common-law and the mixed civil/common law tradition, as located in Africa, Australasia, Europe, the Far East, the Middle-East, North America and South America, together with all relevant regional, supranational and international instruments.
Adv Fredericks concluded saying: “Against the background of underlying principles in the protection of all relevant parties, a detailed and original proposal is made in respect of contractual capacity in private international law, breaking down the traditional civil-law/common-law divide in this regard.”
The prestigious Leiden University celebrated its 431st birthday in February this year. It was established in 1575. In March 2016, Leiden Law School was ranked #24 in the QS World University Rankings by Subject, making the Leiden Law Faculty the very best in the Netherlands.