OSCAR SIMUKAI JEMWA 4927-397-3
ORIGINS OF SOUTH AFRICAN LAW FLS1501 ASSIGNMENT
1 SEMESTER 2 2013 UNIQUE NUMBER 778712 03492 BACHELOR OF LAWS EXAM CENTER HARARE EXHIBITION PARK
deducted for poor spelling, grammar or punctuation or if your answers are not formulated clearly.
If you submit this assignment electronically, please include the rubric in your assignment.
Judge of Appeal Hefer (Hefer JA) refers to the position in Roman law (at 216I
“The dispute to
refers stemmed from Justinian’s adoption
of certain principles of classical Roman law in the
which at the same time extend and amended certain others...For present purposes a brief résumé of the main texts in the
and how they were applied by the jurists of the sixteenth and seventeenth century will suffice. The
was dealt with under its own title in
4.5. According to
‘(e)t quidem, si quis indebitum ignorans solvit, per hanc a
potest; sed si sciens se non debere solvit, cessat repetitio’
. According to
‘(p)ecuniae indebiti, per errorem, non ex causa judicati solutae, esse
repetitionem, non ambigatur’.
No distinction is drawn in these texts between ignorance or mistake of fact and
ignorance or mistake of law...”
Who was “Justinian” to whom the court refers? (1)
Justinian was the emperor of the Eastern Roman Empire from AD 527 until his death in AD 565. 1.2 Which jurist was considered to be the driving force behind the codification known as the
Corpus Iuris Civilis
? (1) The driving force behind the great codification known as the Corpus luris Civilis was Tribonian.
The judge (at 217D-H) then discussed the legal development of the rule regarding the effect of an error of law by looking at how various jurists had interpreted these texts through the centuries:
“From the time of the Glossators the jurists were never in agreement on the
effect of an error of law and after the reception of the Roman law in Western Europe two very distinct schools of thought developed. On the one hand there were writers like FLS1501/101
FLS1501 Foundations of South African Law – Semester 1
FLS1501 Foundations of South African Law
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FLS1501 Foundations of South African Law provides an overview of the external history of South African law by tracing the sources and factors which have contributed directly or indirectly to the development of the legal system.
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