Die inheemse kontraktereg van die bakwena ba mogopa van herbron in die odi I distrik van bophuthatswana

Abstract

This study was undertaken to establish whether the phenomenon known contract appears in indigenous law and if it is possible to refer to indigenous contract law in general . Because indigenous law differs not between tribes but is also affected by the degree of westernization that has taken place among the blacks, a microstudy has been done in a semi-rural area to establish if own value-systems are altered and replaced when Western legal institutions are used. Information was obtained by interviewing a panel of specialists and compared with available literature. During the process of gathering information the aims were not only to describe how the legal principles function but also to take note of those social processes which function outside the law. Although it is possible to identify general principles and different contracts, the individual character of each contract must always be borne in mind since a contract is more than a devise for establishing the economic and legal implications of a transaction. Contracts are real in nature which means that no contractual liability arises from a mere promise or an agreement.