HFL1501 - Historical Foundations Of South African Law
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HFL1501 Assignment 1 Semester 1 2023 (734190)
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HFL1501 - Historical Foundations Of South African Law
Institution
University Of South Africa
HFL1501 Assignment 1 Semester 1 2023 () 100% TRUSTED workings, explanations and solutions. For assistance call or us on 079 811 9845 .
QUESTION 1 1.1 What is the difference between a civil-law legal system and a common-law legal system? (2) 1.2 Explain why the legal systems of France, Germany and...
HFL1501 - Historical Foundations Of South African Law
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HFL1501
ASSIGNMENT 1 SEMESTER 1 2023
, QUESTION 1
1.1 What is the difference between a civil-law legal
system and a common-law legal system? (2)
1.2 Explain why the legal systems of France,
Germany and the Netherlands may be useful to you
as a South African lawyer, even though you may not
be familiar with French, German or Dutch law itself.
(3) [5]
1.1 In a civil-law legal system, the primary source of law is written codes and statutes, whereas
in a common-law legal system, the primary source of law is judicial decisions and precedents. In
a civil-law system, judges are bound by the law as written, whereas in a common-law system,
judges have more flexibility to interpret the law and create new precedents.
1.2 The legal systems of France, Germany, and the Netherlands may be useful to a South
African lawyer for several reasons. Firstly, these countries are all part of the civil-law legal
tradition, which means that they share similar legal principles and structures. This can be useful
for a South African lawyer who is familiar with the South African civil-law system, as it allows
them to compare and contrast the different legal systems and identify areas of commonality and
difference.
Secondly, the legal systems of France, Germany, and the Netherlands have had a significant
influence on the development of international law, particularly in the areas of commercial law,
human rights law, and intellectual property law. As a result, understanding the legal systems of
these countries can be helpful for a South African lawyer who is dealing with international clients
or cross-border legal issues.
Finally, even though a South African lawyer may not be familiar with French, German, or Dutch
law itself, they can still benefit from the extensive legal literature and case law that is available in
these countries. This can provide valuable insights and perspectives on legal issues that are
relevant to the South African context.
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