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Questions and Answers
What was the main reason for the deterioration of the Roman legal system during the Post-classical Period?
The Roman Empire was divided into three periods: the Period of the Kings, the Republican Period, and the Post-classical Period.
False
What was the significance of the Twelve Tables in the development of Roman law?
The Twelve Tables were the first written form of Roman law, developed in 449 BC.
The Roman Empire was divided into the ______ and Eastern empires.
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Match the following periods of Roman history with their descriptions:
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Who was responsible for the codification of the entire Roman law?
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The Roman legal system reached its peak during the Period of the Kings.
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What was the approximate duration of the development of Roman law?
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What is the name of the codification of Roman law that consisted of the Codex, Digesta, Institutes, and Novellae?
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Roman law was the primary source of law in mediaeval Europe.
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What was the primary factor that led to the adoption of Roman law in the Netherlands during the 16th century?
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The law of the Netherlands, before the reception of Roman law, was primarily based on _______________ law.
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Match the following factors that influenced the adoption of English law in South Africa:
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The law of partnerships in South Africa is based on English law.
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Who brought the Roman-Dutch law to South Africa in 1652?
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What is the name of the legal system that developed in South Africa as a result of the reception of Roman law?
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Study Notes
South African Legal History
- Divided into three broad periods: Roman law, Roman-Dutch law, and South African law
Roman Law
- Developed over approximately 12 centuries, from primitive customs to a complex legal system of a commercially active empire
- Linked to the historical development of the Roman Empire, divided into four periods:
- The Period of the Kings (± 753 BC – 510 BC): legal rules consisted mainly of customs
- The Republican Period (± 510 BC – 27 BC): Roman law was written down for the first time in the form of the Twelve Tables
- The Period of the Emperors (± 27 BC – 284 AD): peak of Roman legal system development
- The Post-classical Period (± 284 AD – 565 AD): legal system deteriorated, divided into Western and Eastern empires
Corpus Iuris Civilis
- Codification of Roman law by Emperor Justinian (527 AD – 565 AD)
- Consisted of:
- Codex: collection of legislation
- Digesta: selections from the works of Roman jurists
- Institutes: textbook for students
- Novellae: collection of legislation promulgated after the completion of the Codex
Roman-Dutch Law
- Formed through the reception of Roman law in the Netherlands during the 16th century
- Combination of Roman law and Germanic customary law
- Applied in South Africa by Jan van Riebeeck in 1652, remains the basis of the common law
South African Law
- Influenced by English law, introduced during British occupations
- Factors contributing to influence of English law:
- English judges and magistrates presided in South African courts
- Local jurists studied in England
- English decisions were applied by South African courts
- South African legislation was modelled on English legislation
- Certain fields of law, such as mercantile law, were more influenced by English law
- Law relating to companies, insolvency, and bills of exchange based on English law
- Law relating to partnerships and specific contracts, such as the contract of sale, follows Roman-Dutch law
- Unique demands of South African society led to adaptations of legal principles
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Description
Explore the history of South African law, from Roman law to Roman-Dutch law and finally the South African law, understanding its development and evolution over time.
