ASSIGNMENT 3SURNAME NOBUMBA NAME KHANYA STUDENT NO. 218061910MODULE INL 100TUTOR VALENTINE KHUBEKA149111496787400DUE DATE 24 APRIL 2018QUESTION 1South African common lawRefers 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 CapeExample of common law crimes includes murder, robbery and rapeQUESTION 22.1. Law of Twelve Tables Was the legislation that stood at the foundation of Roman lawThe tables consolidated earlier traditions into an enduring set of laws2.2 Praetor Is a special official who had the responsibility of developing the lawThey laid down legal rules in edicts which were then promulgated.2.
3 Corpus Iuris CivilsIt is an enormous work which consists of four parts which are institutions, digesta, codex, and novella2.4 DigestaIs a codification of the works of Roman juristsIt is the largest and most important in Corpus Iuris2.5. Codex Is a collection of imperial legislation 2.6. Novella Is a new legislation passed by Justinian, which he promulgated after the information of codex2.7. Institutions Is the textbook for law students that explains law clearly and simply 2.
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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 3Legislation 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 4Hugo de Groot’s was a great writer for the use of the Dutch