OLD AGE, LEGAL CERTAINTY AND CURA DEBILIUM PERSONARUM
نویسندگان
چکیده
Increasing medical costs justify themselves by the success of science in assuring greater longevity. We are all aware range socio-economic problems this longer lifespan causes. This paper intends to address a more latent, concomitant strain on legal system. A few years ago problem manifested itself Supreme Court Appeal, but passed virtually unnoticed. It is ironic that instance, is, Saayman case (Eerste Nasionale Bank van Suidelike Afrika Bpk v NO 1997 4 SA 302 (HHA)) will be long remembered account minority judgment Olivier JA. The enlightened approach late judge was rejected majority court its endeavour safeguard certainty. While certainty indeed one important foundations system as it embodies fundamental principle equality before law and provides predictability, which an essential characteristic facilitates planning, should not ultimate objective at expense justice. Moreover, virtue unintended consequences, Appeal dealt vicious blow well capacity senior citizens decision, clearly set out applicable increasing segment population.It with gratitude editors Obiter I dedicate essay memory Lappies aka Professor JMT Labuschagne, who for over 30 my colleague University Pretoria. wide his intellect-tual curiosity deep humanity only made him prolific author, friend whose comments were always characterised wisdom kindness.
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ژورنال
عنوان ژورنال: Obiter
سال: 2022
ISSN: ['1682-5853', '2709-555X']
DOI: https://doi.org/10.17159/obiter.v26i3.14631