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CLA1501: Commercial Law Chapter 1: The South African Legal System
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CLA1501: Commercial Law Chapter 1: The South African Legal System
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lOMoAR cPSD| 24448587CLA1501: Commercial Law
Chapter 1: The South African Legal System
Source when lawyer consult on Roman Dutch Law
Corpus Iuris Civilis
Constitution Supremacy
• Constitution is the Supreme Law of the Republic
• The Constitution is the highest law of the Country and any law which is contrary
to its provisions may be declared invalid
Courts
• The Constitutional Court o Hears matters regarding the interpretation of
the Constitution o Superior Court
• Supreme Court of Appeal o The Supreme Court of Appeal is only a court of
appeal for High Courts o Superior Court
• High Court o Divorce o Mental Capacity o Sequestration of estate o
Liquidation of Company o Will o Superior Court
• Magistrates’ courts o Have very limited jurisdiction
o Lower Court
Registrar: Responsible: Issue Process Enrolment of cases maintenance of records and
issuing of orders
Mr Senekal wants to sue Mrs Senekal for divorce. Which court should he approach?
• the High Court
Stare Decisis:
• The Decision Stands Judge make decision and parties must adhere Ratio
Decidendi:
• Reason for the decision
• Every decision is not imposing rule of law Obiter Dictum:
• Incidental Remark – Additional Remarks
• Can be persuasive for other Courts
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Correct Answer: 1
Correct Answer: 4
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Chapter 2: Introduction to the science of Law
Right: Any right which a legal subject has regarding a specific legal object and which is
protected by law
Legal Subjects
• Natural persons o Human Being
• Juristic Persons o Other than Humans
(company university municipality)
Right of Legal Object (legally claim to right)
• Real Right o Ownership o Servitudes
▪ Property Rights o Mortgage and Pledge
▪ Right of Security – fail to settle debt then
mortgagee can sell property
• Intellectual Property Right o Artist, writer inventor o Right to a Patent
• Personality Rights o Physical integrity or reputation of person
• Personal Rights o Rights in terms of conduct, performance (doing or
giving something) o One Person Owe another money
Private Law
• Law of Persons o Who are legal subjects
o Becomes or ceases to be legal
subject o Classes of legal subjects o
status
• Family Law o Marriage: Husband and wife o Parents & Children o
Excluding cousins in-laws
• Law of personality o Physical being and dignity o Criminal Law o Civil Law
• Patrimonial Law o Money
o Sum of assets and Liabilities o
Law of Property
▪ Definition: Granting and recognition of rights over property ▪
The right of Ownership:
• Power over Property
• May not use a he like: dependant on public law
• Ownership: Person who has the right of ownersip over property is not
neccesarily the possessor. (abdul possessor loads car to bill the
ownership)
• Possession direct or indirect control over property
• Acquisition of Ownership o Occupation
▪ Seizure of property that belongs to no one
▪ Catching Wild Bird
▪ Original method of acquiring ownership o
Prescription
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