Chapter 1 Flashcards
Where does our law come from?
Roman Dutch law
What are the main divisions of law?
National law
International law
Law of foreign element:
Law of nation (govern the relationship between states)
Private international law (legal system applied in particular situation)
What is public law?
Regulates relationships between the states and its subject
What is privates law?
Regulates relationships between individuals
Examples of public law
Constitutional law Administrative law Criminal law The law of evidence Criminal procedure law Civically procedure law
List private law
Law of person Family law Law of succession Law of obligations - contract law Property law ( corporeal and incorporeal personality rights and duties
What are the four subjective rights?
Real rights
- rights to thing (property)
Intellectual (immaterial) property rights
Personality rights
Personal rights
- right against another person - stem from an obligation created by
- e.g delict, contract / unjustified enrichment
What is the division of objective law?
Legal subject
Natural persons
Legal/ juristic persons
Legal object
What is a legal subject ?
Any entity which, according to the objective law may have rights and duties natural persons and legal/juristic person
List legal/ juristic person
Companies
Close corporation
Statutory entities
Associate of person
What is legal object
Any entity which according to the objective law, forms the object of rights and duties
What is commercial law?
Combination of various fields and disciplines:
Company law
Tax law
Insurance law
Insolvency law
Labour law
Payment methods
Consumer protection and credit agreements
*private law orientated even if the state is party to contract
What is contractual capacity?
The capacity to obtain rights and duties by contract
List law of property
Immovable goods
Movable goods
Intellectual property
What are the primary 3 sources of obligations?
Contract
Delict
Unjustified enrichment
What is the law of obligations?
A obligation is legal connection between two or more person in terms of which the one can claim performance from the other and the latter can be compelled by law to preform his or her duty
What is the distinctive difference between regulatory and peremptory rules of law?
Regulatory
- to regulate relationships between parties - changeable
Peremptory = mandatory / obligatory
- cannot change by agreement
Account for delict
Wrongful faulty conduct by a person that causes another harm/loss/damage #conduct (an act ) - positive or negative #unlawful/ wrongful (assumed unless justification) # fault - intent /negligence #causation - factual + legal # damages incurred - quantified
Define enrichment
That one person will have a claim against another if the latter has obtained an asset / benefit to the prejudice of the other without a valid legal group existing
Therefore the test is whether the enrichment & the impoverishment were unjustified, not whether it was unfair / unreasonable
