This site is like a library, use search box in the widget to get ebook that you want. The state must also use the general principles of criminal law to show. In addition, it is inconceivable that any lawyer who practices commercial law should not have a wellfounded knowledge of insurance law. With your download, get the 21 best papers relevant to this one, including 20 top related papers. Private lawwhich can be divided into categories such as torts, contracts, business entities, business relationships, and property rightsforms the substance of business law and is the main focus of this document. General principles of commercial law eighth edition heinrich schulze blc llb pret lld. By nkateko nkhwashu it is a trite principle of law in south africa sa that banks are not legally compelled to give reasons for terminating relationships or closing. Free commercial law books download ebooks online textbooks. The national credit act has brought about a new era of consumer credit regulation and practice, which has introduced comprehensive changes to the consumer credit industry, as well as the law of contract.
Private lawwhich can be divided into categories such as torts, contracts, business entities, business relationships, and property rightsforms the substance of business law. The current framework of south african company law is built on foundations, which were put in place in victorian england in the middle of the nineteenth century. On studocu you find all the study guides, past exams and lecture notes for this course. General principles of commercial law prescribed textbook. South african commercial law blog commentary on south. Doing business in south africa cliffe dekker hofmeyr. It provides an authoritative and accessible overview of the main branches of south african public, private and commercial law. A company thus has legal rights and obligations in the same way that a natural person. Click download or read online button to get introduction to law and legal skills book now. The programme is offered at the university of the witwatersrand, braamfontein campus west, under the guidance of highly qualified specialist lecturers. Law imposed agency irrespective of the intention of the parties in 2.
The south african school of paralegal studies commercial law course nonnqf completion certificate reflects a record of all six short courses successfully completed. Write a short essay in which the student discusses how south african law has developed from its various sources, and why this is so. To prosecute a person, the state must show that there is a law that a person has broken. The text conveys concepts and principles of commercial law in a manner which is accessible and vibrant, clearly demonstrating the practical relevance and application. Contrary to south african law of purchase and sale, which is largely regulated by common law, the english law of purchase and sale is regulated by legislation. Introduction to law and legal skills download ebook pdf. Your notes form the basis of understanding from which you will study. The aim of this module is to provide students with a general understanding of the south african legal system and to equip them with knowledge, skills, attitudes and competencies to analyse and solve basic problems relating to the general principles of the law of contract in south. Insurance as we know it has had an interesting development in south africa and many legal systems influenced the insurance contract as we know it. Studying cla1503 commercial law at university of south africa.
Discuss why south african law has chosen to adopt a particular rule from a particular system. Administrative appeals tribunal act 1975 australia. Contract law revision essential elements to a contract. This section contains free ebooks and guides on law books, some of the resources in this section can be viewed online and some of them can be downloaded. After completion, you should be able to outline the history of south african law name and discuss the sources of south african law provide a general overview of the south african court system and officers of the courts explain the doctrine of. D commercial bribery of a companys agent in the sense that it is a wrongful and immoral method of securing. The courts then began to impose a fiduciary duty on promoters similar to that imposed on agents. South african company law for the 21 century guidelines for. See the tutorial on how to find a south african case on jutastat online and lexisnexis available under law reports tutorials on the left international and foreign law reports. Pdf the law of lease in south africa 2009 philip stoop. The governments vision for the south african economy is captured in the integrated manufacturing strategy ims of the dti. I shall conclude the discussion with a few remarks on the influence of the common and constitutional law on customary law with a view to the future of customary law of succession in its current form in a mixed legal system such as that of south africa.
It contained many features at that time new to text books on commercial law. South african company law for the 21st century guidelines. Private law consists of the rules governing relations between private individuals or groups of persons. A statute law, eg the sexual offences act, or a common law, eg theft, murder, rape. It merged however, as the following essay will show, in its long andexciting history elements of all mentioned laws to a specific south african law. The publication is updated once a year and not as and when legal developments occur. Access study documents, get answers to your study questions, and connect with real tutors for commercial cla1502.
South africa has a hybrid or mixed legal system, formed by the interweaving of a number of distinct legal traditions. History of south african law seite 1 a introduction south african law is neither a classical roman, nor a romandutch law nor an english common law and certainly not a traditional african law. Statutory guarantees page 31 leasing finance and bailment page 37 personal property securities act page 50 national. The history of south african law and its romandutch roots. Doing business in south africa is an annual publication. This title is part of an established series which introduces various legal systems of the world. Jan van riebeeck arrives in cape town in 1652 and the adoption of romandutch law as a legal system to the cape. Commercial law law of property 3rd year semester 1 core subject property law breach of contract occurs when a party fails to perform the contract as agreed manifests unwillingness or is unable to fulfill the terms of the contract as and when agreed can lead to termination of a contract estoppel. The entry requirement is a south african matric or tertiary level learning through life experience for persons 23 years or older. The south african council for the quantity surveying profession sacqsp psm 8 basic principles of property law in sa 2 of 50 organisational component 1. African law, such as the law of procedure and commercial law. Objective of the course the aim of this course is to introduce participants to the south african legal system and provide them with a. Practical guidance business law covers all sources of south african business law including the companies act 71 of 2008, the close corporations act 69 of 1984, consumer protection act 68 of 2009 and the competition act 89 of 1998. General principles of commercial law, chapters 1 and 2.
Of particular interest is the way in which so many branches of law have been infused by basic constitutional values. Street 1969 the british tradition in canadian law by the hon. Customer services, juta law business consultants and selected booksellers. Bora laskin 1970 the english judge by henry cecil 1971 punishment, prison and the public by professor sir rupert. A general comparison between the principles of the law of specific contract in south africa and its english counterpart.
This guide is published for general information purposes and is not intended to constitute legal advice. In addition, user notes and guidelines should be made. The applicable legislation is the sale of goods act251 and the sale and supply of goods act252. When a legal problem is not covered by statute law, you can look at the common law for an answer. Study unit 1 introduction to south african law tristan. In criminal law, the state prosecutes charges a person for performing an illegal act. This law comes from romandutch law and english law, brought to south africa by the dutch and english settlers.
Adjudication advocates annual report application arbitration arbitration proceedings bbbee bee blog business business rescue charitable donations charity cipc commercial law comoany law companies companies act 71 of 2008 company company law competition law construction law. A comparative study of american class actions is included in the notes. Offering insight into the rich system of south african law, this title will be of particular interest to the international legal community. African customary law a lawblog for south african students. Meaning of insolvency section 2 of the insolvency act, 24 of 1936 act definitions insolvent when used as a noun, means a debtor whose estate is under sequestration and includes such a debtor before the sequestration of his estate, according to the context. Describe how the south african law of contract has absorbed features of these various legal systems. Schreiner 1968 justice in the welfare state by professor h. The aim of this module is to provide students with a general understanding of the south african legal system and to equip them with. The law of commerce in south africa 2e provides a clear and practical introduction to various fields of commercial law, for students of accounting and other business disciplines. The south african legal system law is a social science. Commercial law law of property 3rd year semester 1 core subject property law breach of contract occurs when. Law of commerce in south africa, 2nd edition business. Page 02 commercial transactions page 06 agency page 11 australian consumer law.
Administrative law in south africa takes full account of south. Many of the general principles of our law come from the common law, eg the criminal law that says that murder and robbery. Indigenous legal systems applied at the southernmost tip of africa before 1652. General principles of commercial law eighth edition heinrich schulze blc llb pret lld unisa advocate professor of law in the department of mercantile law, university of south africa roshana kelbrick ba pret llb stell llm lld unisa attorney professor of law in the department of mercantile law, university of south africa tukishi manamela bproc llb unin llm unisa advocate associate professor in the department of mercantile law, university of south africa philip stoop bcom llb llm. The first unit of study for business law 101 is an introduction to the subject. Prior to 1910 and the unification of the various provinces and independent territories in the union of south africa, there were several independent systems of superior courts. Cla1503 notes summary commercial law unisa studocu. Sa mercantile law journal samlj stellenbosch university.
The national credit act has brought about a new era of consumer credit regulation and practice, which has introduced comprehensive changes to. This minidissertation explores the south african law of contract as influenced by the national credit act 34 of 2005. Definition of a company a company is a corporation an artificial person created by law. The team of lecturers involved combine intellectual leadership and cutting edge practical insight which is reflected in their teaching. January 9, 2020 mgadvocate commercial law the partial integration rule v the parol evidence rule the supreme court of appeal sca in south africa was recently tasked with considering the long established parol evidence rule in the case of mike ness agencies cc v lourensford fruit company pty ltd.
982 25 474 1355 251 903 1596 34 831 1393 299 1155 752 1566 49 960 9 961 1485 301 1493 727 1333 39 278 925 1394 1396 1269 1400 1480 940 316 1081 1152 1378 997