Roman-Dutch law in the context of "Tort law"

A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract.

While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from customary English tort law. In civil law jurisdictions based on civil codes, both contractual and tortious or delictual liability is typically outlined in a civil code based on Roman Law principles. Tort law is referred to as the law of delict in Scots and Roman Dutch law, and resembles tort law in common law jurisdictions in that rules regarding civil liability are established primarily by precedent and theory rather than an exhaustive code. However, like other civil law jurisdictions, the underlying principles are drawn from Roman law. A handful of jurisdictions have codified a mixture of common and civil law jurisprudence either due to their colonial past (e.g. Québec, St Lucia, Mauritius) or due to influence from multiple legal traditions when their civil codes were drafted (e.g. Mainland China, the Philippines, and Thailand). Furthermore, Israel essentially codifies common law provisions on tort.

South Africa has a 'hybrid' or 'mixed' legal system, formed by the interweaving of a number of distinct legal traditions: a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law system inherited from indigenous Africans (often termed African Customary Law, of which there are many variations depending on the tribal origin). Under the post-apartheid democratic system, the country operates a system of constitutional supremacy, by which all ordinary sources of law are subordinate to the Constitution of South Africa.

The various influences on South African law have a complex interrelationship, with the English influence most apparent in procedural aspects of the legal system and methods of adjudication, and the Roman-Dutch influence most visible in its substantive private law. As a general rule, South Africa follows English law in both criminal and civil procedure, company law, constitutional law and the law of evidence; while Roman-Dutch common law is followed in the South African contract law, law of delict (tort), law of persons, law of things, family law, etc. With the commencement in 1994 of the interim Constitution, and in 1997 its replacement, the final Constitution, another strand has been added to this weave.

The Netherlands uses civil law. The role of case law is small in theory, although, in practice, it is impossible to understand the law in many fields without considering the relevant case law. The Dutch law system is based on the French Civil Code with some influence from Roman-Dutch law (which it replaced) and pre-codal customary law. The German Bürgerliches Gesetzbuch heavily influenced the new Civil Code (which went into force in 1992).

The primary law-making body is formed by the Dutch parliament in cooperation with the government, operating jointly to create laws that are commonly referred to as the legislature (Dutch: wetgever). The power to make new laws can be delegated to lower governments or specific organs of the State, but only for a prescribed purpose. A trend in recent years has been for parliament and the government to create "framework laws" and delegate the creation of detailed rules to ministers or lower governments (e.g., a province or municipality).

South African contract law is a modernised form of Roman-Dutch law rooted in canon and Roman legal traditions. It governs agreements between two or more parties who intend to create legally enforceable obligations. This legal framework supports private enterprise in South Africa by ensuring agreements are upheld and, if necessary, enforced, while promoting fair dealing. Influenced by English law and shaped by the Constitution of South Africa, contract law balances freedom of contract with public policy considerations, such as fairness and constitutional values.