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80 S. African L.J. 154 (1963)
Book Reviews

handle is hein.journals/soaf80 and id is 166 raw text is: BOOK REVIEWS Acta Juridica, 1961. Published under the auspices of the Faculty of Law, University of Cape Town, by A. A. Balkema, Cape Town. 1962. viii & pp. 204. Price R4. This issue of Acta Juridica is remarkable for two features, not entirely unconnected. It is not dedicated to anyone or anything. And it is far thinner than its predecessors, no doubt in keeping with the modern trend to shed weight. Quantity is not quality. Acta Juridica, 1961, is full of good stuff. Professor Wouter de Vos of Cape Town University - an associate professor when he wrote the article, since then elevated to the chair vacated by Professor Denis Cowen - provides a well-reasoned article on the important and difficult subject of 'Freedom of Choice of Law for Contracts in Private International Law'. He supports, with con- vincing reasons, the solution advocated by the Dutch writers van Brakel and Eras, namely that in the case of every contract with international elements it must first be determined, without reference to the intention of the parties, where the juristic act has its natural seat. The legal system of that place is then the true proper law; it must be determined in the light of the provisions of that system to what extent the parties may deviate from it, and that legal system will give validity to the choice of law agreement between the parties'. 'The Status of Customary Unions' is explored by Professor H. J. Simons, who considers that the Appellate Division decision in S.A.N.T.A.M. v. Fondo, 1960 (2) S.A. 467 (A.D.), was based on a misapprehension as to the status of such a union in native law. It will be remembered that in S.A.N.T.A.M. v. Fondo the Appellate Division decided that a 'widow' of a native customary union has no claim at common law for loss of support against the man who unlawfully killed her 'husband' and breadwinner. Professor P. van Warmelo of the University of Pretoria contributes an article on 'Roman Law and the Old Authorities on Roman-Dutch Law'. His discussion of the approach of the Roman-Dutch writers to the interpretation of Roman law is a masterpiece of erudition and should be of the greatest value to all who are interested in the history of Roman-Dutch law. In discussing the quaestio famosa whether we should apply Roman law as understood by the old writers or by modern Romanists, he suggests (at p. 57) that 'in the same way as the old authorities applied Roman law to.the best of their ability by applying the best methods of interpretation known to them at their period, so our courts should apply the best interpretations of Roman law of the present period.' Attractive as it must be to Romanists, this view finds no support in our case law, on the contrary, the over- 154

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