HFL1501 - Historical Foundations Of South African Law
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HFL1501 PORTFOLIO MEMO SEPTEMBER 2021 UNISA SUPER SEMESTER
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Course
HFL1501 - Historical Foundations Of South African Law
Institution
University Of South Africa (Unisa)
PART 1 (25 marks)
The origins of South African law
Answer the following questions by making use ONLY of the study material in Part 1 of the Study Guide:
QUESTION 1
1.1 Explain what is meant by the codification of a legal system. (3)
1.2 Is the South African legal system codified? Only answer Y...
hfl1501 portfolio memo september 2021 unisa super semester
part 1 25 marks the origins of south african law answer the following questions by making use only of the study material in part 1 of the s
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University of South Africa (Unisa)
HFL1501 - Historical Foundations Of South African Law
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HFL1501 PORTFOLIO MEMO/
GUIDELINE
HISTORICAL FOUNDATIONS OF
SOUTH AFRICAN LAW
21 SEPTEMBER 2021
UNISA
, PART 1 (25 marks)
The origins of South African law
Answer the following questions by making use ONLY of the study material in Part 1 of
the Study Guide:
QUESTION 1
1.1 Explain what is meant by the codification of a legal system. (3)
It means to record the law into one comprehensive piece of legislation. Our law has
been influenced by Roman; Roman-Dutch; and English law given the history of our
country. The Roman law comes from the influence of that society in Europe and the
attempt to codify the law in AD 291 into the Corpus Iuris Civilis and which remains
a primary authoritative source from which South African courts may draw from to
solve certain legal issues.1
1.2 Is the South African legal system codified? Only answer YES / NO. (1)
South African law is not codifi ed. In other words, there is no comprehensive,
written version of our law that has the force of legislation. Because there is no
single authoritative record of the entire legal system, we must look to various
sources to fi nd the law.2
1.3 Give the title of the following codifications of which you have learned in Part 1 of
the Study Guide:
(a) The codification of Roman law by the Visigoths. (1)
Leges Romanae barbarorum
1 Historical foundations of South African Law - Only Study Guide for HFL1501 2018 UNISA page 5
2 Historical foundations of South African Law - Only Study Guide for HFL1501 2018 UNISA page 5
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