Exam (elaborations)
HFL1501 supplementary portfolio 2023, Jan/feb memorandum
- Institution
- University Of South Africa (Unisa)
HFL1501 supplementary portfolio 2023, Jan/feb memorandum. Pass guaranteed
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TABLE OF CONTENTPART 1
The origins of South African law
Question 1
Question 2
Question 3
Question 4
Question 5
Question 6
PART 2
Historical foundations and development of the law of property and obligations
Question 7
Question 8
Question 9
Question 10
PART 3
The role of the Constitution in South African legal development
Question 11
Question 12
Question 13
Bibliography
1
, Question 1
1.1. The task of the Law Reform Commission is to investigate certain
mattersapproved by the Minister of Justice and Constitutional Development
and referred to by Parliament.
1.2.
• Reform of Customary Law of Succession
• Regulation of Related Matters Act 11 of 2009
• Traditional Courts Bill
Question 2
2.1. Section 211
2.2. The system of the checks and balance
• The bill of rights
Question 3
3.1. In the decision of Linvestment CC v Hammersley (2008 JDR 190 (SCA), the
judge of the appeal expected to continue legal development, it did not hold on to the
absolute end stringent principles from the Roman Dutch law, in this case, the
Supreme Court of appeal reevaluated a rule of Roman Dutch law as stated by voet.
The court stated that it’s always had the inheritance power to develop the common
law, this power is confirmed in section 173 of the constitution Egg Without
abandoning legal heritage courts can and should examine how developed legal
system cope with common problems. By suitable application of knowledge gained so
far, modification of our existing law may serve the interests of justice better as
opposed to when the hmm current law does not serve modern demands adequately.
2
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