LML 4807 Exam | Critical Law Studies

LML 4807 Exam Critical Law Studies Study Unit 1: Question 1: Define Banking That part of the law that regulates the legal relations of banks in their capacity as FINANCIAL institutions. Question 2: Define public-banking law The public banking law governs the legal relationships between banks and government organs (especially the Registrar of Banks) whom are in a position of authority to the banks and includes legal rules providing for state control over money and banking in general and banking operations in particular. Question 3: Define private-banking law The civil banking law governs the legal relationships between banks and their clients as well as third parties who contract with banks or in another way affected by banking operations. This part of the banking law is mainly applied obligations (contract and delict). Question 4: What is the main provision on fundamental rights? (Article 33)  Everyone has the right to administrative action that is lawful, reasonable and procedurally fair.  Everyone whose rights are adversely affected by administrative action, the right to be given written reasons.  National legislation must be enacted to give these rights to give effect and should: 1 - provision for review of administrative action by a court or, where appropriate, an independent and impartial tribunal; 2 - state is obliged to provide the rights in subsections (1) and (2) to give effect, and 3 – promote an effective administration. Question 5: How to ensure the right continued efficient functioning of the banking system?  public banking law that control and regulate banking institutions to ensure their solvency  civil banking law which provides legal certainty regarding the rights and obligations that arise when individual transactions take place Question 6: To what extent can the fundamental rights under section 36 (1) for general applicable law be limited?  When its reasonable  “justifiable in an open and democratic society based on human dignity, equality and freedom”.  and taking into account all relevant factors, including the following: . the nature of law . the importance of the purpose of limiting . the nature and extent of the restriction . the relationship between the limitation and its purpose and . A less restrictive way to the goal Question 7: What is the primary objective of the Reserve Bank? Pursuant to section 224 (1) –to protect the domestic and foreign value of the currency in the interest of balanced economic growth in the Republic