Substantive Law

Question 1

What is Substantive Law?

Answer 1

• material law
• part of the law that deals which determines the content and meaning of different legal rules
• it is divided into Public and Private law.

Question 2

1. Public Law

Answer 2

• determines the extent of state authority and regulates the organization of the state, the organs of the state, the people and the state itself.
• it is a vertical unequal relationship as the state is above the subject.
• includes constitutional law, administrative law and criminal law

Question 3

1.1 Constitutional Law

Answer 3

• determines the nature of the state and its bodies and regulates the relationship between the two.
• 3 branches including Legislative, Executive and Judicial authority.

Question 4

1.2 Administrative Law

Answer 4

• controls the administration of the state.
• determines the way in which the state exercises it’s executive powers through different bodies
• they must act in accordance with the law
• s33 states that everyone has the right to just administrative action that must be lawful.

Question 5

1.3 Criminal Law

Answer 5

• determines which acts/omissions are considered criminal offences and how those criminal offences are to be punished.

Question 6

2. Private Law

Answer 6

• regulates the relationship between persons and their rights an duties.
• horizontal equal relationship
• include Law of persons, Law of personality, Indigenous law, Family Law, Commercial Law, Law of Patrimony

Question 7

2.1 Law of Persons

Answer 7

• Determines the status of various persons.

- determines the nature of ones position in law

Question 8

2.2 Law of Personality

Answer 8

• relationship between persons with respect to aspects of their personality.

Question 9

2.3 Indigenous Law

Answer 9

• Customary law of communities

- Deal with private matters

Question 10

2.4 Family Law

Answer 10

• regulates family relationships

- it relates to matters such as engagement, marriage, civil union, parent child relationship.

Question 11

2.5 Commercial Law

Answer 11

• embraces branches of law for commerce and industry

Question 12

2.6 Law of Patrimony

Answer 12

• regulates the relationship with persons with respect to their assets and liabilities.
• includes Property law, Law of Succession, Law of obligations and Law of Delict.

Question 13

2.6.1 Property Law

Answer 13

• regulates relationship with persons with respect with things
• determines which rights one can have with respect to moveable and immoveable property

Question 14

2.6.2 Law of Succession

Answer 14

• determines what happens to person’s estate after their death

Question 15

2.6.3 Law of obligations

Answer 15

• regulates the relationship between persons with respect to a duty of one to perform and claiming performance.
• includes Law of contracts and Law of delict
• Contract: an agreement made between two persons in terms of a right and a corresponding duty to perform.
• Delict: wrongful and culpable act which causes damages to one another