key to the study guide - Name

Wide and narrow
meaning
16
branches of private law are family law, the law of persons, the law of
property (also known as the law of things), the law of succession, the law
of obligations (or the law of contract and the law of delict (estoppel,
negotiorum gestio and enrichment are also normally included under the law
of obligations)), the law of personality and the law of immaterial property.
The other main branches of the law are public law and mercantile law.
Public law deals with the law regulating the way in which the state
exercises its power in respect of its subjects, that is, it deals with the
relations between state and subject. Mercantile law deals with the law
regulating commerce and industry. Mercantile law is sometimes classified,
not as a separate branch of our law, but as part of private law.
2 WHAT DOES THE CONCEPT ``FAMILY'' MEAN?
The word ``family'' has a wide and a narrow meaning. These two meanings
are discussed on page 3 of your textbook. If you read this section you will
see what the two meanings are.
3 WHICH FIELDS ARE COVERED BY FAMILY LAW?
On page 3 of your prescribed textbook it is indicated which fields are
covered by family law. You should carefully read it.
4 ARE THERE ANY LINKS BETWEEN FAMILY LAW AND OTHER BRANCHES
OF THE LAW?
We have said that family law forms a separate branch of private law.
Family law is not, however, a completely independent field which is
divorced from the rest of private law or the other fields of law. Although
the law is divided into various fields or branches, this systematisation
operates merely to make the law more accessible and easier to grasp. The
law cannot be divided into a series of watertight compartments. The
various fields are closely related and even overlap in many respects. Family
law is related to and sometimes overlaps with a number of other branches
of law as discussed hereunder:
(1) Other fields of private law, including the following:
(a) The law of persons: For example, marriage in community of property
affects a person's capacity to act.
(b) The law of succession: For example, a surviving spouse qualifies as
intestate heir of the predeceased spouse.