HFL1501 - Historical Foundations Of South African Law
Institution
University Of South Africa (Unisa)
HFL1501 ASSIGNMENT 1 MEMO - SEMESTER 1 - 2023 - UNISA - (DETAILED ANSWERS WITH REFERENCES - DISTINCTION GUARANTEED)
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...
question 1 11 what is the difference between a civil law legal system and a common
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University of South Africa (Unisa)
HFL1501 - Historical Foundations Of South African Law
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HFL1501
Historical Foundations of South African Law
ASSIGNMENT 1 MEMO
SEMESTER 1 - 2023
UNIQUE NUMBER:- 734190
Due Date :- 22 March 2023
Includes Footnotes and/or Bibliography
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]
QUESTION 2
2.1 Name the recent judgment that you learned about in this module in which the Constitutional Court held certain
provisions of the Divorce Act 70 of 1979 and the Marriage Act 25 of 1961 to be unconstitutional in that they “fail to
recognise marriages solemnised in accordance with Sharia law ... as valid marriages for all purposes in South
Africa”. (1)
2.2 How does this judgment change the current legal position regarding Muslim marriages in South Africa? (1)
2.3 What is the impact of this judgment regarding the position of Islamic law as an official source of South African
law? (1)
QUESTIONS CONTINUE…
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