• Home   /  
  • Archive by category "1"

Fls1501 Assignment 1 2013

 

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

2 |

Page

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.

26

Question 1

Judge of Appeal Hefer (Hefer JA) refers to the position in Roman law (at 216I

 –

 217C):

“The dispute to

 which

Schomaker

refers stemmed from Justinian’s adoption

of certain principles of classical Roman law in the

Corpus Juris

which at the same time extend and amended certain others...For present purposes a brief résumé of the main texts in the

Corpus Juris

and how they were applied by the jurists of the sixteenth and seventeenth century will suffice. The

condictio indebiti

was dealt with under its own title in

D

12.6 and

C

4.5.  According to

D

12.6.1

‘(e)t quidem, si quis indebitum ignorans solvit, per hanc a

ctionem condicere

 potest; sed si sciens se non debere solvit, cessat repetitio’ 

.  According to

C

4.5.1

‘(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...”

1.1

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.

Question 2

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

R400.00

FLS1501 Foundations of South African Law

    • A lecturer
    • Study notes written by your lecturer
    • An Exam pack from your lecturer posted before the exam
    • Cheat free help with your assignment
    • Discussion forum
    • Activity feed to instant updates
    • Email updates or digests direct to your inbox
Resources offered

SKU: N/ACategories: 1st Level, 1st Semester, Free, LLB, Study Groups

Resources

  • 2004
  • 2005
  • 2006
  • 2009
  • 2010
  • Afrikaans
    • Solutions
      • FLS1501_2005_Kortvrae_en_Antwoorde.pdf
      • FLS1501_MayJun_2003_Vraestel_&_Antwoorde.doc
  • Notes
    • FLS1501_Exam_prep_notes.doc
    • FLS1501_History_of_English_Law.doc
    • FLS1501_History_of_civil_law_in_Rome.doc
    • FLS1501_Hugo_Grotius.doc
    • FLS1501_Origins_of_South_African_law.doc
    • FLS1501_Roman_canon_law.doc
    • FLS1501_Summary.doc
    • FLS1501_Twelve_Tables.pdf
    • FLS1501_Twelve_Tables_in_English.doc
    • FLS1501_Zimmermann_r_Synthesis_in_South_African_private_law__1986_salj_277_278_279.pdf
  • exam_pack_2017
    • FLS 1501 EXAM PACK 2017.pdf
  • semester_two_study_notes_2017

Description

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.

Resources for FLS1501-FLS101V Foundations of South African Law

Back to top

One thought on “Fls1501 Assignment 1 2013

Leave a comment

L'indirizzo email non verrà pubblicato. I campi obbligatori sono contrassegnati *