CLA1501
Commercial Law 1A
Assignment 01 for Semester 01 (compulsory)
Unique Number 876963
Due: 23 March 2020
Disclaimer
Distribution of this document is illegal.
Users may therefore not share, reproduce, duplicate, copy, sell, or resell this document.
I cannot guarantee results for the student. The opinions expressed are in good faith and while every
care has been taken in preparing this document, I make no representations and give no warranties of
whatever nature in respect of this document, including but not limited to the accuracy or
completeness of any information, facts and/or opinions contained therein.
The result of a student is dependent on many factors including a student’s study habits, and
engagement in study groups.
In no event will I be held liable for the use of and reliance of the opinions and findings in this document.
QUESTION 1
1.1 The South African legal system, unlike Roman law, is not codified. Explain the meaning of this
statement.
(2)
South African law, unlike, for example, most European continental legal systems, is not codified (that
is, recorded in one comprehensive piece of legislation). The law applying in the Republic is drawn from
various authoritative sources. The principal sources are statutes and decided cases, but sometimes a
judge or other jurist has to go further back in history to solve a legal problem, and turns to Roman law
or the works of the writers on Roman-Dutch law to shed light on the problems. Roman law and Roman-
Dutch law are also recognised sources of the law.
1.2 South African courts consist of superior and lower courts. List THREE officers that are found in the
superior courts.
(3)
Officers of the superior courts include
• registrars
• sheriffs
• in some divisions of the High Court, a Master’s office that is presided over by
a Master
• legal practitioners (advocates and attorneys)
Commercial Law 1A
Assignment 01 for Semester 01 (compulsory)
Unique Number 876963
Due: 23 March 2020
Disclaimer
Distribution of this document is illegal.
Users may therefore not share, reproduce, duplicate, copy, sell, or resell this document.
I cannot guarantee results for the student. The opinions expressed are in good faith and while every
care has been taken in preparing this document, I make no representations and give no warranties of
whatever nature in respect of this document, including but not limited to the accuracy or
completeness of any information, facts and/or opinions contained therein.
The result of a student is dependent on many factors including a student’s study habits, and
engagement in study groups.
In no event will I be held liable for the use of and reliance of the opinions and findings in this document.
QUESTION 1
1.1 The South African legal system, unlike Roman law, is not codified. Explain the meaning of this
statement.
(2)
South African law, unlike, for example, most European continental legal systems, is not codified (that
is, recorded in one comprehensive piece of legislation). The law applying in the Republic is drawn from
various authoritative sources. The principal sources are statutes and decided cases, but sometimes a
judge or other jurist has to go further back in history to solve a legal problem, and turns to Roman law
or the works of the writers on Roman-Dutch law to shed light on the problems. Roman law and Roman-
Dutch law are also recognised sources of the law.
1.2 South African courts consist of superior and lower courts. List THREE officers that are found in the
superior courts.
(3)
Officers of the superior courts include
• registrars
• sheriffs
• in some divisions of the High Court, a Master’s office that is presided over by
a Master
• legal practitioners (advocates and attorneys)
