Judges are not permitted to change the material of the Roman Dutch Law. The are allowed merely to iron out its creases, whenever the necessity arises. Effecting structural alterations to the common law should be the exclusive preserve of the Legislature............" Lex Acquilia permits the grant of patrimonial damage. If loss of care and companionship as such should attract compensation it is for the legislature to make necessary provision. 1799 proclamation proclamation did not authorize deviations and alterations to be made by the Courts of Law.

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