Class notes
Science of Law
- Course
- Commercial Law
- Institution
- University Of South Africa (Unisa)
A summary of the Science of Law
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Luthando Zulu – 17599770BUSL6212
LU2: The Science of Law
Law – A set of legal rules that govern human behavior. There are 2 main divisions of law:
Public Law: Consists of those rules or laws that Private law: Consists those rules or laws that
govern the relationship between the state and its govern the relationship between individuals in
citizens e.g. criminal law, constitutional law. their dealings with each other e.g. family law, law
of persons.
Legal subject – Refers to persons, who are the bearer of rights and duties. There are 2 categories
of persons, and they are: natural persons (Human beings), and Juristic persons (Entities other
than human beings i.e. Company, municipality, university, closed corporation).
Legal object – Property, intellectual property, aspects of a person’s personality and performance
(giving or doing something)
*All rights can be linked to the legal object*
4 Classes of Rights
Real Rights – Object = Intellectual Property Personality Rights – Personal Rights –
Property Rights – Object = Object = Aspects of Conduct referred to as
Creations of human your personality performance
mind
Is a right which legal Rights that you have to Rights that you have to Performance can be
subject must be your creations i.e. aspects of your doing something, giving
property. Real rights inventions, designs, personality i.e. your something or refraining
are classified into: sheet music etc. good name, integrity. from doing something.
1. Ownership
2. Servitudes
3. Mortgage and
pledge
Law of obligations:
An obligation is a legal relationship between 2 or more parties in terms of which one party has a right
against another party for performance and the other party has a corresponding duty to perform = personal
right. Personal rights can come about through:
1. Unjust enrichment
2. Delict
3. Contract
Law of unjust enrichment – No one should be enriched at the expense of another through no legal
means e.g. paying someone’s salary, the sale of something etc.
The obligation on the enriched person is as follows:
Restitution: Giving back or t claim back. Action Compensation: Payment of sum of money. The
which is instituted to claim restitution is the obligation to compensate can arise in the
CONDICTO INDEBITI following 3 circumstances:
1. Partial performance
2. Improvements to property
3. Negotiorum Gestio (unauthorized
management of a person’s affairs)
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