Summary
Summary SIP 400 Chapter 1 Theme 1
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SIP 400 Chapter 1, Theme 1- A general introduction.
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M.KrielCivil Procedure
SIP 400
Acknowledgement of sources:
These notes were composed based on:
Prof T Bekker, Lecturer in the Department of Procedural law, University of
Pretoria, SIP 400 (civil procedure) 2020. Slides and class notes.
SIP 400 Study Guide (2020) (University of Pretoria)
Theophilopoulos C et al Fundamental principles of civil procedure (2015 3rd
edition) Lexis Nexis.
Please note:
These notes shall not be shared without the express consent of the author of these
notes.
1
, M.Kriel
Theme 1: Chapter 1
1. Place of civil procedure in South African Law:
Constitution
National Law
Substantive
Procedural Law
Law
Public Law Evidence
Criminal Procedure
Private Law Civil Procedure
● All national law must comply with the Constitution, otherwise, it will be
unconstitutional.
2. Definitions (MUST KNOW FOR MAX 3 MARKS):
(i) Substantive law:
❏ Describes what a person’s rights, duties and remedies are in a given
situation.
❏ Determines the content and scope of a natural and juristic person’s
rights, duties, and remedies.
2
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