IND2601 STUDY NOTES FOR EXAM

IND2601 NOTES



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GENERAL INTRODUCTION iv.) Law of
obligations
Emphasis in customary law is on v.) Law of
duties whereas most people place the succession
emphasis on rights. vi.) Law of
personality
Customary law: the customs and 3.) Substantive and adjective
usages traditionally observed among (procedural) law
the indigenous African peoples of SA
and which form part of the culture of Rights in customary law:
those peoples (sec 1, Recognition of Right Object Example
Customary Marriages Act). Real right Corporeal Ownership
- Synonymous with “indigenous
law” thing apart
from the
Divisions of customary law person
1.) Tribal law (national law) and the Obligator Performanc Right to a
law of different tribes y right e fee for
(international law) professional
2.) Public law and private law
services
a.) Public law
i.) Indigenous constitutional Right of Productivit Guardianshi
and administrative law authority y and p
ii.) Indigenous adjudicatory freedom of
organs and law of a group
procedure
member
iii.) Indigenous criminal
law Right of Corporeal Right to
b.) Private law personalit or one’s body/
i.) Law of persons y incorporeal right to
ii.) Family law part of one’s
iii.) Law of things vestee’s honour
(immaterial property,
personality
e.g. copyright, unknown
in SA customary law)