Answers
CLA1501 Assignment 02 Semester 01 2020 Suggested Solutions
- Institution
- University Of South Africa (Unisa)
CLA1501 Assignment 02 Semester 01 2020 Suggested Solutions
[Show more]
1 review
By: salesforce3685 • 4 year ago
Content preview
CLA1501Commercial Law 1A
Assignment 02 for Semester 01 (compulsory)
Unique Number 708085
Due: 17 April 2020
QUESTION 1
Which ONE of the following was compiled/codified during the reign of the Emperor Justinian?
1. Corpus Iuris Civilis
2. Roman – Dutch Law
3. Customary Law
4. Common Law (2)
Answer:
Page 2:
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.
QUESTION 2
Which ONE of the following sources of the law has only persuasive authority in a South African court
and is NOT viewed as an authoritative source?
1. Judgments of the Dutch courts before 1652
2. English law
3. Dutch legislation before 1652
4. Roman law (2)
Answer:
Page 5:
1.2.5 Foreign law
If nothing can be found in one or more of the above sources, a judge will turn to the law of other
modern countries for guidance. Foreign law is not regarded as an authoritative source for South
African law — it has persuasive authority only. In this connection, the decisions of the English courts
immediately come to mind, but it must be emphasised that English law is no authority if South African
law makes full provision on the point. The courts will reject South African decisions which in the past
have wrongly adopted English law.
QUESTION 3
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller aj107. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R50,00. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
57413 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy summaries for 14 years now