SU 2,4 Flashcards
(18 cards)
What are the three historical foundations of South African law?
Roman Law, Roman Dutch Law, South African Law
These foundations reflect the evolution of legal systems in South Africa.
In what year was Roman law first introduced in Rome?
753 BC
This marks the beginning of the historical development of Roman law.
What characterized the period of Kings in Roman Law?
Led by Kings, ownership of land, intertwined law and religion, customs were the law
This period lasted from approximately 753-510 BC.
What was the significance of the law of The Twelve Tables?
It was accessible to all Roman citizens, contained both substantive and procedural laws
Drafted on twelve bronze plates for public knowledge.
What does substantive law prescribe?
What is acceptable and what is not acceptable
Substantive law defines the rights and duties of individuals.
Fill in the blank: The _______ period of Roman law saw the rise of the Emperor as the head of the Roman Empire.
Emperors
This period lasted from approximately 27 BC to 284 AD.
What happened to Roman law during the Post-classical period?
Deterioration of law quality, loss of logical structure, influence of Germanic tribes
This period lasted from approximately 284 AD to 565 AD.
Who was responsible for the codification of Roman law in the Eastern Empire?
Emperor Justinian
His efforts were crucial in preserving Roman legal principles.
What is the Corpus Iuris Civilis?
Codification of Roman law by Justinian, consisting of Codex, Digesta, Institutes, Novellae
It served as a foundation for many legal systems.
What was the influence of Canon law in medieval Europe?
It was founded on Roman law and played a significant role in legal systems
Canon law refers to church law.
What was the state of Dutch law prior to the reception of Roman law?
Primitive Germanic customary law that failed to address complex social issues
This prompted the need for a more sophisticated legal system.
What does the term ‘reception of Roman law’ refer to?
Application of Roman law alongside Dutch law in the Netherlands
This led to the formation of Roman Dutch law.
In what year did Jan Van Riebeck arrive in South Africa?
1652
He brought Roman Dutch Law, which became foundational for South African law.
What factors contributed to the influence of English law on South African law?
British occupation in the early 1800s, English judges, South African jurists studying in England
This led to the integration of English legal principles into South African law.
True or False: The Mercantile law of South Africa is primarily based on Roman Dutch law.
False
It is mainly based on English law.
What are the two main sources of South African common law?
English law, Roman Dutch law
These sources have evolved through legislation and judicial decisions.
Fill in the blank: The law of partnerships and specific contracts in South Africa is based on _______.
Roman Dutch law
This reflects the historical influence of Roman Dutch law on South African legal practices.
DEFINE: substantive law and ___ law, the SA legal system, what is law, parliamentary system.
