BER 210
Business Law
Semester 1
, S.U. 1:
History & Sources of SA Law
SA Legal History Periods:
1. Roman Law
2. Roman Dutch Law
3. South African Law
1. Roman Law
Period of the Kings 753BC-510BC
- customary law (community was primitive & rural therefore
legal rules consisted mainly of customs)
Republican Period 510 BC – 27 BC
- 12 Tables (roman law was written down for the first time in
the form of 12 tables)
Period of the Emperors 27BC – 284 AD
- Significant development (Roman legal system reached its
peak)
Post-Classical Period 284 AD – 565 AD
- Decline of the legal system (due to the divide of the western
and eastern empires)
Corpus Iuris Civilis: codification of the roman law which occurred in 476 AD when the
Germanic tribes conquered the western empire which led to social and economic
decline. The codification consisted of:
- Codex: a collection of legislation
- Digesta: selections of the works from roman jurists
- Institute: textbooks for students
, - Novellae: a collection of the legislation promulgated after the completion of the
codex
2. Roman – Dutch Law
(Combination of the Law of the Netherlands and the Roman Law). Its principles were
adopted and applied and because of the canon (clerical) law (based on roman law), it
played a predominant role. Law of Netherlands consisted mainly of Germanic
customary laws)
3.South African Law
1652 – Jan van Riebeek came to South Africa. He brough Roman Dutch Law which still
todays forms the bases of South African Law and is better known as South African
common law. It has a strong influence of English Law which was introduced into South
Africa during the British occupations of the territory. The influence of English law on our
own law was caused by the following factors:
- English judges and magistrates presided in the South African courts.
- Local jurists studied in England.
- English decisions were applied by the South African courts.
- South African legislation was modelled on English legislation.
Because of the unique demands of our society, the principles received from both the
English and the Roman-Dutch law were modified over the years by legislation, court
decisions and indigenous customary law to form what is today a unique South African
legal system. The South African law is not codified, which means that it is not to be
found in toto in legislation, although some fields, for example, the law of insolvency,
have been codified.
, 4.The South African Legal System
Law Rights
- The law consists of rules that the Right: the legally protected interest of a legal
community must adhere to, that are subject (person) in a legal object or a thing (such
intended to regulate society in an orderly as a house or a car), which interest can be
way. protected or enforced against other legal
- The law is enforced by the state (when a subjects.
law is disobeyed, the state can intervene
- Real right: the right to a corporeal thing,
and order compliance, penalize or
the right being effective against all the
punish the offender.)
world (for example, ownership in
- Legal rules can be of a coercive
property).
(peremptory) or regulatory nature.
- Personal right: a right that entitles one
- Regulatory law: allows the party
person to claim performance of some act
freedom to regulate their own
or delivery of some thing from another,
relationships and will only apply if the
which right is created by a contract or by
parties choose to comply with the rule.
a wrongful act. (e.g. being paid for your
- Coercive (peremptory): it forces the
work – salary. Assault)
party to comply with certain prescriptions
- Intellectual property right: the right of a
contained in the rule. (speed limit)
person to the creations of his/her mind or
intellect (for example, copyright or trade
mark).
- Personality right: the right of a person to
aspects of his/her personality (such as
dignity, bodily integrity, honour, good
name, and so forth).
Legal Subject: any entity who, in terms of the
law, can be the bearer of rights and duties.
Legal subjects can be divided into two groups:
Business Law
Semester 1
, S.U. 1:
History & Sources of SA Law
SA Legal History Periods:
1. Roman Law
2. Roman Dutch Law
3. South African Law
1. Roman Law
Period of the Kings 753BC-510BC
- customary law (community was primitive & rural therefore
legal rules consisted mainly of customs)
Republican Period 510 BC – 27 BC
- 12 Tables (roman law was written down for the first time in
the form of 12 tables)
Period of the Emperors 27BC – 284 AD
- Significant development (Roman legal system reached its
peak)
Post-Classical Period 284 AD – 565 AD
- Decline of the legal system (due to the divide of the western
and eastern empires)
Corpus Iuris Civilis: codification of the roman law which occurred in 476 AD when the
Germanic tribes conquered the western empire which led to social and economic
decline. The codification consisted of:
- Codex: a collection of legislation
- Digesta: selections of the works from roman jurists
- Institute: textbooks for students
, - Novellae: a collection of the legislation promulgated after the completion of the
codex
2. Roman – Dutch Law
(Combination of the Law of the Netherlands and the Roman Law). Its principles were
adopted and applied and because of the canon (clerical) law (based on roman law), it
played a predominant role. Law of Netherlands consisted mainly of Germanic
customary laws)
3.South African Law
1652 – Jan van Riebeek came to South Africa. He brough Roman Dutch Law which still
todays forms the bases of South African Law and is better known as South African
common law. It has a strong influence of English Law which was introduced into South
Africa during the British occupations of the territory. The influence of English law on our
own law was caused by the following factors:
- English judges and magistrates presided in the South African courts.
- Local jurists studied in England.
- English decisions were applied by the South African courts.
- South African legislation was modelled on English legislation.
Because of the unique demands of our society, the principles received from both the
English and the Roman-Dutch law were modified over the years by legislation, court
decisions and indigenous customary law to form what is today a unique South African
legal system. The South African law is not codified, which means that it is not to be
found in toto in legislation, although some fields, for example, the law of insolvency,
have been codified.
, 4.The South African Legal System
Law Rights
- The law consists of rules that the Right: the legally protected interest of a legal
community must adhere to, that are subject (person) in a legal object or a thing (such
intended to regulate society in an orderly as a house or a car), which interest can be
way. protected or enforced against other legal
- The law is enforced by the state (when a subjects.
law is disobeyed, the state can intervene
- Real right: the right to a corporeal thing,
and order compliance, penalize or
the right being effective against all the
punish the offender.)
world (for example, ownership in
- Legal rules can be of a coercive
property).
(peremptory) or regulatory nature.
- Personal right: a right that entitles one
- Regulatory law: allows the party
person to claim performance of some act
freedom to regulate their own
or delivery of some thing from another,
relationships and will only apply if the
which right is created by a contract or by
parties choose to comply with the rule.
a wrongful act. (e.g. being paid for your
- Coercive (peremptory): it forces the
work – salary. Assault)
party to comply with certain prescriptions
- Intellectual property right: the right of a
contained in the rule. (speed limit)
person to the creations of his/her mind or
intellect (for example, copyright or trade
mark).
- Personality right: the right of a person to
aspects of his/her personality (such as
dignity, bodily integrity, honour, good
name, and so forth).
Legal Subject: any entity who, in terms of the
law, can be the bearer of rights and duties.
Legal subjects can be divided into two groups:
