ILW1501 EXAM PACK

FEEDBACK ON PREVIOUS EXAMINATION PAPERS NOVEMBER 2014 EXAM PACK SECTION A Question 1(a) (i) The persons to whom the rules apply. (ii) The sanction for noncompliance with the rules (iii) The person who, or institution that enforces the sanction (b) Formal law deals with the procedures that must be followed in legal proceedings. On the other hand substantive law determines the content and the meaning of the legal rules. (c) Personal right (object: performance) e.g. a claim Personality right (object: personality property) e.g. good name (d) The connection between the South Africa private law an ownership as areal right is that the law of things recognizes this real right as the most comprehensive right in property. Ownership may be limited in certain circumstances such as one may not excise his right in such a way that it infringes the right s of other legal subjects. Question 2 (a) The reception of Roman law in the Netherlands. (b) The writings of Roman – Dutch jurists like Hugo de Groot and Johannes Voet The Dutch settlement at the Cape (c) The civil – law legal family was influences by Roman law whereas the common law legal family‘s most important characteristic is case law. (d) The South African legal system is classified as a mixed system because; it is a mixture of various legal systems such as the Roman – Dutch law. English law and African or indigenous law. Question 3 3 LUCIANO SCHOOL OF LAW & SOCIAL SCIENCES [LSLSS] (a) (i) Private law because the despite in question is between an individual and an individual . (ii) Law of patrimony because it involves persons and their means: (iii) Law of obligations because both Jane Mothibe and Technicolour Painters had a right to claim performance from each other. (iv) Law of contract because they agreed that Jane would pay R20 000 and Technicolor painters would paint the house. Law of delict because Jane has a right to claim compensation for a valuable stature broken by Technicolour Painters