Private Law and Human Rights


Final Level, half course, first semester, two lectures per week

Course Co-ordinator (s): Prof Jaco Barnard-Naude

Entrance requirements: All Preliminary and Intermediate Level courses to have been completed

Course outline: The course deals with current issues in private law from a theoretical perspective. Topics include:

1. The public/private dichotomy in a constitutional democracy.

2. Theories of application of the South African Constitution to traditional "private law".

3. Transformation of, and transformative issues in relation to, the following institutions of private law:

(a) Delict

(b) marriage and family

(c) contract

4. The potential of private law, as infused by the Constitution, to resolve the dilemmas of social democracy with specific reference to the apartheid reparations debate.