Dissertation

Contractual Capacity in Private International Law

On 30 June 2016, Eesa Fredericks is expected to defend his Ph.D.-thesis ‘Contractual Capacity in Private International Law’ in Leiden. Supervisors are prof. Sierd J. Schaafsma (Leiden) and prof. Jan Neels (Johannesburg).

Author

Eesa Fredericks

Date

30 June 2016

Contractual Capacity in Private International Law contains a wide comparative study of reference rules in respect of the competence of a natural person to create rights and duties by concluding a contract with another (natural or juristic) person. In many common-law and mixed jurisdictions the legal position in this regard is remarkably unclear; it is nevertheless of significant practical importance. 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. The study leads to a detailed recommendation, which is presented in both a narrative and a codified form, in respect of the law that should govern contractual capacity. The proposed rules may be employed in the judicial interpretation, supplementation and development of the norm complex of private international law, particularly in common-law and mixed jurisdictions. They may also be considered for the purposes of future national, regional, supranational and international instruments.