Summary
summary-commercial law
- Course
- Commercial Law IA (CLA1501)
- Institution
- University Of South Africa (Unisa)
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CLA 1501MAY/JUNE EXAM MEMO
2017
Section A
QUESTION 1.
a) The statement means that the law that applies in the republic of South Africa is
drawn from various authoritative sources and the principle sources are statutes
and decided cases. Unlike Roman law which is derived from one source
particularly the corpus iuris civilis, hence it being regarded as codified because it
is be found in one written source.
b) The various officers that can be found in the superior courts are :
The registrar.
Sheriffs.
Masters of the Court.
Legal Practitioners.
C) (i) This is a derivative method of acquisition of ownership; Mack will only obtain
ownership of the Property only after registration at the Deeds office since it is an
immovable property.
(ii) This is an example of an original method of acquisition of ownership through
Occupation that is seizure of property that belongs to no one. Therefore Sibusiso
will obtain ownership of the rabbits by mere catching since they belong to no-ne.
(iii) This is an example of a derivative method of acquiring ownership of an
immovable property through the delivery of the property; therefore Khamu will
acquire ownership of the property upon delivery of the car to him by Mary.
(iv) This is an example of an original method of acquisition of ownership through
prescription where a person has enjoyed uninterrupted possession of property for
a period of 30 years; therefore Musa will obtain ownership of the land through
prescription.
D) The three (3) sources of which may give rise to obligations between legal
subjects are ;
i. Conclusion of a Contract.
ii. Committing a delict.
iii. Unjustified enrichment.
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