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CLA1501 Assignment 02 Semester 01 2020 Suggested Solutions
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CLA1501Commercial Law 1A
Assignment 02 for Semester 01 (compulsory)
Unique Number 708085
Due: 17 April 2020
QUESTION 1
Which ONE of the following was compiled/codified during the reign of the Emperor Justinian?
1. Corpus Iuris Civilis
2. Roman – Dutch Law
3. Customary Law
4. Common Law (2)
Answer:
Page 2:
From AD 291 attempts were made to codify Roman law and these attempts culminated in a
codification known as the Corpus Iuris Civilis, which appeared during the reign of Emperor Justinian in
the sixth century. Today, this work is still the primary authoritative source on which South African
courts draw when reverting to Roman law to solve a legal problem.
QUESTION 2
Which ONE of the following sources of the law has only persuasive authority in a South African court
and is NOT viewed as an authoritative source?
1. Judgments of the Dutch courts before 1652
2. English law
3. Dutch legislation before 1652
4. Roman law (2)
Answer:
Page 5:
1.2.5 Foreign law
If nothing can be found in one or more of the above sources, a judge will turn to the law of other
modern countries for guidance. Foreign law is not regarded as an authoritative source for South
African law — it has persuasive authority only. In this connection, the decisions of the English courts
immediately come to mind, but it must be emphasised that English law is no authority if South African
law makes full provision on the point. The courts will reject South African decisions which in the past
have wrongly adopted English law.
QUESTION 3
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