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
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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