INFLUENCE_OF_ROMAN_DUTCH_LAW_AND_ENGLISH_LAW_AND_ROMAN_LAW

INFLUENCE OF ROMAN DUTCH LAW AND
ENGLISH LAW AND ROMAN LAW ON
SOUTH AFRICAN LAW

Legal history
↳ Roots of modern South African
law
↳ Compare and evaluate
developments of law over time
↳ Where our laws come from and
thecontext within which they
were drafted
↳ Delict, contract and law of property
Stem our ancient legal system
↳ Historical roots tells us that we have
a hybrid or mixed legal system
↳ Inherited legal principles from
different legal systems
↳ Tries to explain the present

, character of SA law
↳ In order for our courts to apply
ancient laws it is important to have
regard to the original circumstances
in which a particular law was created
↳ Our legal history links us to other
countries as we share the same
historical rules or these legal
systems from other countries also
influenced our legal system
↳ Historical components of South
African law is regarded as
South African common law
↳ Our common law is the product of
our legal history
↳ Comprises of different legal
principles from different legal
traditions and sources as identified
through legal historical

, developments.
↳ Common law is ancient principles
passed down through centuries and
are not written in legislation
↳ Minimum age for a child to get
married is at puberty which is set
by our common law and not
written any where in legislation
(wont be found in children's Act)
↳ This legal principle will still
be applied
↳ Common law is recognised in the
constitution and it demands that
our courts develop our common law
in line with the constitutional

* Our common law consists of Roman
Ditch law and English Law