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CLA1503 Assignment 2 2021 AS PER UPDATED TUTORIAL LETTER
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  • April 6, 2021
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Commercial Law 1C
CLA1503
Department of Mercantile Law
Assignment 02 for 2021 (compulsory)
Unique Number: 626985
Due: 28 June 2021
QUESTION 1

Which ONE of the following sources will a South African lawyer consult on Roman law?

1. the Constitution of the Republic of South Africa, 1996
2. Customary Law
3. the Corpus Iuris Civilis
4. South African Statute Law (2)

Answer:

Refer to page 2 of the prescribed textbook:

1.1.1 Roman law
Roman law traditionally spans the period from 753 BC to AD 568. At the beginning of this
period, Rome was a small, relatively primitive state with most of its population living on
farms around the city. Its economy was based mainly on agriculture, with no trade to speak
of. The nucleus of the community was the family with the oldest male ascendant at its head.
Not only was he the sole owner of all the family property, whether acquired by himself or
his dependants, but he was also the holder of all power, including the power of life and
death, over the members of his family and his slaves. The law was correspondingly
primitive.

Rome, however, developed rapidly until it stood at the head of a vast empire which
extended over virtually the entire Western Europe and large portions of Africa and Asia.
Obviously, the law had to adapt to and make provision for these changed circumstances,
and, in consequence, a highly sophisticated legal system, capable of dealing with the
exigencies of increasing wealth, expanding trade and an influx of foreigners, evolved.
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.

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