Banking Law and Its Sources Flashcards
What is the primary purpose of banking law?
To regulate the legal relations of banks as financial institutions.
In its widest sense, banking law can be used to denote all aspects of law relevant to:
Bankers
Which act specifically relates to banking institutions?
The Banks Act
What is the main focus of the prescribed textbook?
To provide legal practitioners with a general survey of banking-related laws
Private banking law mainly regulates the legal relationships between:
Banks and their customers
Which is described as a material or historical source of SA law?
Roman-Dutch law
The European ius commune is described as in relation to SA banking law?
The subsidiary SA common law
The in duplum rule in the context of common law is designed to:
Protect debtors form exploitation by creditors.
The rule in Clayton’s case primarily relates to what?
How items on a current account are discharged.
In the Paulsen case, the Constitutional Court confirmed that the in deuplum rule:
Remains applicable during litigation.
