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1.
Law of Insolvency is a legal framework that deals with legal subjects or
legal jurists that are unable to pay of their debt. This comes because of their inability to pay their own debts as their liabilities cannot pay off their assets. The insolvent is officially declared by the court. The court decides whether to liquidate the insolvent’s assets or restructure their debts.
2. Action proceedings come in the form of claiming by the plaintiff towards
the defendant. This may come in the form of asking for monetary value that was not followed through despite initial agreements. Whereas application proceedings involve enforcing your rights against another legal subject. By doing this you either for them to do something or restrict them from doing anything because of your rights.
4. Case law is an essential tool used by legal practitioners, in supporting
their argument for their clients. Case Law is law based on judicial precedents made by the court in the events where disputes do not have statutes or legislative backing. These court decisions are made based on the facts at hand rather than current statutes or legislation.
5. Customary Law are principles and customs of a particular group of
people. These include social practice that become legally obligations that those in this group must adhere to and become a legislation that govern the community/ group’s behaviour and daily practices. The customary Law is applicable in most areas as they reflect the individuals living and daily practices. This may be used during court proceedings or any form of legal activity. It’s important to also understand that living customary laws reflect social norms of a particular group the best as they are not rigid and ever changing because of the developments experienced in the group.
7. International public law is law that governs and regulates relationships
between nations, various boards and international organisations such as the United Nations. In regulating countries these helps create international peace. Which is a contributing factor to the interconnectivity of different economics and governments. An example of a source of international public law is treaties. These contractual treaties legally bound a country with another dependant on the terms of the treaties. This contrasts Private international law that are set of principles or rules that determine the various legal procedures that will be applied to private disputes. These closely looks at individual and private entities rather than looking at the overall government/ country of which would be looked at in International public law.
8. International law is law that regulates relationships between different
boarders as well as governs the relationship between states. In doing this, the states hope to advocate for international peace, thus why these states participate in proceedings such as treaties and Conventions to promote this agenda. Whereas foreign Law is law that governs another country and not your country. An example of this the republic of South Africa’s Domestic Law is Malawi’s Foreign Law. It’s important to understand that one country’s foreign law cannot govern another state. This, however, is different than international law that is a collective regulation for participating states as they are legally bound once they enter any contractual treaty or convention.
9.1- Parties- Commissioner South African Revenue Service & Motion