Chapter 1

Question 1

Where does our law come from?

Answer 1

Roman Dutch law

Question 2

What are the main divisions of law?

Answer 2

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)

Question 3

What is public law?

Answer 3

Regulates relationships between the states and its subject

Question 4

What is privates law?

Answer 4

Regulates relationships between individuals

Question 5

Examples of public law

Answer 5

Constitutional law
Administrative law 
Criminal law
The law of evidence
Criminal procedure law
Civically procedure law

Question 6

List private law

Answer 6

Law of person
Family law
Law of succession 
Law of obligations - contract law
Property law ( corporeal and incorporeal personality rights and duties

Question 7

What are the four subjective rights?

Answer 7

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

Question 8

What is the division of objective law?

Answer 8

Legal subject
Natural persons
Legal/ juristic persons
Legal object

Question 9

What is a legal subject ?

Answer 9

Any entity which, according to the objective law may have rights and duties natural persons and legal/juristic person

Question 10

List legal/ juristic person

Answer 10

Companies
Close corporation
Statutory entities
Associate of person

Question 11

What is legal object

Answer 11

Any entity which according to the objective law, forms the object of rights and duties

Question 12

What is commercial law?

Answer 12

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

Question 13

What is contractual capacity?

Answer 13

The capacity to obtain rights and duties by contract

Question 14

List law of property

Answer 14

Immovable goods
Movable goods
Intellectual property

Question 15

What are the primary 3 sources of obligations?

Answer 15

Contract
Delict
Unjustified enrichment

Question 16

What is the law of obligations?

Answer 16

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

Question 17

What is the distinctive difference between regulatory and peremptory rules of law?

Answer 17

Regulatory
- to regulate relationships between parties - changeable
Peremptory = mandatory / obligatory
- cannot change by agreement

Question 18

Account for delict

Answer 18

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

Question 19

Define enrichment

Answer 19

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