ASSIGNMENT 3
SURNAME NOBUMBA
NAME KHANYA
STUDENT NO. 218061910
MODULE INL 100
TUTOR VALENTINE
KHUBEKA149111496787400DUE DATE 24 APRIL 2018
QUESTION 1
South African common law
Refers to a specific matter that is not governed by legislation, common law usually applies on that particular case
It is mainly the seventeenth and eighteenth century Roman Dutch that was transplanted to Cape
Example of common law crimes includes murder, robbery and rape
QUESTION 2
2.1. Law of Twelve Tables
Was the legislation that stood at the foundation of Roman law
The tables consolidated earlier traditions into an enduring set of laws
2.2 Praetor
Is a special official who had the responsibility of developing the law
They laid down legal rules in edicts which were then promulgated.
2.3 Corpus Iuris Civils
It is an enormous work which consists of four parts which are institutions, digesta, codex, and novella
2.4 Digesta
Is a codification of the works of Roman jurists
It is the largest and most important in Corpus Iuris
2.5. Codex
Is a collection of imperial legislation
2.6. Novella
Is a new legislation passed by Justinian, which he promulgated after the information of codex
2.7. Institutions
Is the textbook for law students that explains law clearly and simply
2.8. Reception
Is the process through which Roman law, as embodied in Corpus luris Civils, was received in and merged with Gemini law in Western Europe from twelfth century.
2.9. Glossators
Is the writing of notes between the lines or in margins of the next, in Corpus Iuris, it explain the texts, and where the texts were contradictory they give a solution
2.10. Commentators
Were the lawyers who were responsible for the reception of Canon law in the secular sphere and also responsible for the true reception of Roman law in Western Europe.
QUESTION 3
Legislation is an important source of South African law and sometimes a whole area of law may be governed by legislation. The South African legal system is not codified and therefore legislation is not the only source of South African law. The 1996 constitution also regulates the structure of the state, and it includes a bill of rights. It provides a general norm which has a direct or indirect influence on all sources of law.
QUESTION 4
Hugo de Groot’s was a great writer for the use of the Dutch
