HFL1501 Portfolio May/June 2022

HFL1501 PORTFOLIO
MAY/JUNE 2022

,Historical Foundations of South African Law

HFL1501

Take-Home Exam

May/June 2022

By

Your Full Names: XXXXXXX XXXXXX

Student Number: XXXXXXXX




[1]

,Content Page
PART 1

The origins of South African law……………………………………………………….. 3



PART 2

Historical foundations and development of the law of property and

obligations………………………………………………………………………………… 7



PART 3

The role of the Constitution in South African legal development…………………… 12



Bibliography……………………………………………………………………………… 14




[2]

, PART 1

The origins of South African law



Question 1

Reception of law has two meanings:

• Practical reception: The reception of the actual rules (the content) of a legal
system. E.g., English Companies Act, which was adopted in its entirety and applied
here in South Africa.


• Scientific reception: The reception of the scientific system of a legal system.
Precisely, the reception of the concepts, categories, principles and divisions (the
structure) of a legal system. E.g., the distinction between public and private law.1




1 Only study guide for HFL1501 (Unisa, Pretoria) [8].

[3]