What Is English Law In South Africa

South africa has a mixed legal system.

What is english law in south africa. The south african law of evidence forms part of the adjectival or procedural law of that country. This guide to law online south africa contains a selection of south african legal juridical and governmental sources accessible through the internet. Links provide access to primary documents legal commentary and general government information about specific jurisdictions and topics. Its doctrines and concepts are influenced both by the civilian tradition in an uncodified romano dutch form brought by early dutch settlers and by the common law tradition introduced during the british colonial period.

It focuses on chapters one and two of schulze et. South african courts traditionally follow the english law by classi fying the functions of the administration into four broad categories. Study unit 1 introduction to south african law. Modern south african law is a mixture of roman dutch and english law.

The first unit of study for business law 101 is an introduction to the subject. There is no all embracing statute governing the south african law of aspects. A civil law system inherited from the dutch a common law system inherited from the british and a customary law system inherited from indigenous africans often termed african customary law of which there are many variations depending on the tribal origin. Rule south africa follows english law in both criminal and civil procedure company law constitutional law and the law of evidence.

The law of procedure and evidence is almost wholly english as is most law relating to business associations and such areas as patents trademarks copyright insurance and maritime operations. While roman dutch common law is followed in the south african contract law law of del ict tort law of persons law of things family law etc. Constitutional law and administrative law have developed along english lines. South africa has a hybrid or mixed legal system formed by the interweaving of a number of distinct legal traditions.

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