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Commercial law 2A Commercial law 2A

Commercial law 2A - PowerPoint Presentation

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Commercial law 2A - PPT Presentation

B Com Financial management Introduction LecturerFacilitator Andrew Tucker B Com LLB Attorney of the High Court of South Africa Contact details andrewtucker46gmailcom Resources wwwletslearnmoreweeblycom ID: 546871

edition law commercial south law edition south commercial legal laws rights oxford principles juristic 2007 persons company real private

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Slide1

Commercial law 2A

B Com Financial managementSlide2

Introduction

Lecturer/Facilitator

Andrew Tucker

B Com LLB, Attorney of the High Court of South Africa

Contact details:

andrew.tucker46@gmail.com

Slide3

Resources

www.letslearnmore.weebly.com

Slide4

Books

Fouché

, M.A. (et al).

Legal Principles of Contracts and Commercial Law

, Revised 6

th

edition, 2007, Lexis

Nexis

Havenga

, P (et al).

General Principles of Commercial Law

, 6

th

edition, 2007,

Juta

Kopel

, S

Guide to Business Law

, 4

th

edition, 2009 or 5

th

edition, 2012, Oxford University Press

Gibson, JTR.

South African Mercantile and Company Law

, 8

th

Edition, 2003,

Juta

.

Scott J (

et al

)

The Law of Commerce in South Africa

, 2009, Oxford University Press.Slide5

Introduction to SA law

B Com FM Slide6

What is law?

A set of rules, recognised as binding on people and enforced by the StateSlide7

Origins of our law

South African law is based on Roman-Dutch law but is also influenced by English lawSlide8

Sources of our law

Legislation

Case law

Common law

Customary law

Academic writings

Indigenous lawSlide9

Separation of powers

Parliament – makes the laws

Executive – implements the laws

Judiciary – interprets the laws and settles disputesSlide10

Public law & Private law

Public law

The relationship between the State and its citizens or between states

Private law

The relationship of citizens between each otherSlide11

Legal subjects

Legal subjects have rights and duties

Natural persons

A human being

Juristic persons

A fictitious person

Company

Club

Etc

…..Slide12

Real rights and personal rights

Real right

The right to an object or physical thing

Absolute, hot pursuit

Does not lapse upon death

Preferred right in insolvency

Derived from juristic act

Personal right

The right to performance or claim

Only enforceable against a specific legal subject

Lapse on death of holder