414 publication(s) trouvée(s)
Article scientifique
The Marketing of Consumer and Mortgage Credit as a Responsible Lending Tool: A Comparison of South African, European and Belgian Law: Part 2
The vulnerability of prospective credit consumers to over-committing their resources and the inherent dangers posed by credit advertising in particular …
Article scientifique
The Marketing of Consumer and Mortgage Credit as a Responsible Lending Tool: A Comparison of South African, European and Belgian Law: Part 1
The vulnerability of prospective credit consumers to over-committing their resources and the inherent dangers posed by credit advertising in particular …
Article scientifique
The in Vitro Embryo and the Law: The Ownership Issue and a Response to Robinson
In 2012 the Minister of Health made the Regulations Relating to the Artificial Fertilisation of Persons, which provide that the …
Article scientifique
Promoting Constitutional Democracy: Regulating Political Parties in the Central African Republic and Senegal
Constitutions and other legal frameworks are expected to ensure the protection of the fundamental and collective rights of citizens. In …
Article scientifique
Improving Access to Justice through Law Graduate Post-Study Community Service in South Africa
Access to justice for all in South Africa, as most clearly set out in sections 34 and 35 of the …
Article scientifique
Editorial: Determining the Content of Indigenous Law with Special Reference to Recording of the Law - Continental Views
This special edition comprises a selection of contributions delivered at a conference hosted by the Chair in Customary Law, Indigenous …
Article scientifique
Prescription of Debt in the Consumer-Credit Industry
A person may acquire rights or be released from obligations through the passage of time. This is known as prescription. …
Article scientifique
Unintentionally Trapped by Debt Review: Procedural Inadequacies in the National Credit Act 34 of 2005 Relating to Withdrawal from the Debt Review Process
The debt review procedure in terms of the National Credit Act 34 of 2005 is functioning relatively well and benefits …
Article scientifique
Gongqose v Minister of Agriculture, Forestry and Fisheries – A Tale of Customary Rituals and Practices in Marine Protected Areas
The correct application of customary law post constitutionalism continues to be the subject of much judicial and academic deliberation. This …
Article scientifique
Case Law as an Authoritative Source of Customary Law: Piecemeal Recording of (Living) Customary Law?
This contribution deals with the question of whether a judgment from a mainstream court dealing with customary law can be …
Article scientifique
The Consequences of the Statutory Regulation of Customary Law: An Examination of the South African Customary Law of Succession and Marriage
In pluralistic legal systems, the regulation of non-state law through statute carries the risks associated with codification; namely the ossification …
Article scientifique
Legal Interpretation after Endumeni: Clarification, Contestation, Application
This special edition consists of a selection of contributions delivered during a conference "Towards an integrated approach to the interpretation …
Article scientifique
The "Necessity Test" as Expressed by the Enigmatic Article XX(j) of the General Agreement on Tariffs and Trade (1994): Appellate Body Report, India - Certain Measures Relating to Solar Cells and Solar Modules
The General Agreement on Tariffs and Trade (1994) (GATT) is premised on the elimination of all barriers to trade in …
Article scientifique
Judicial Defence of Constitutionalism in the Assessment of South Africa's International Obligations
The (sometimes fragile) balance between South Africa's constitutional obligations to protect and promote human rights in the international arena and …
Article scientifique
Harmonising Legal Values and uBuntu: The Quest for Social Justice in the South African Common Law of Contract
In this article, a comparison is drawn between the role of good faith in the development of the Roman law …
Article scientifique
Notes on the Proposed Amendment of Section 21 of the Children's Act 38 of 2005
In terms of section 21 of the Children's Act 38 of 2005, an unmarried father acquires full parental responsibilities and …
Article scientifique
The South African Class Action Mechanism: Comparing the Opt-In Regime to the Opt-Out Regime
In Mukaddam v Pioneer Food (Pty) Ltd 2013 2 SA 254 (SCA), Nugent JA stated that, once the class is …
Article scientifique
The Million Rand Question: Does a Civil Marriage Automatically Dissolve the Parties' Customary Marriage?
In 2016 the Eastern Cape Local Division in Mthata heard a claim by Mrs Winnie Madikezela-Mandela that, amongst other things, …
Article scientifique
Are Close of Pleadings now Irrelevant? An Evaluation of the Impact the Nkala Judgment has on Litis Contestatio
The position regulating close of pleadings in South African law of civil procedure has for a long time been unchallenged. …
Article scientifique
Standing on Unsteady Ground: AREVA NP Incorporated in France v Eskom SOC LTD
Areva NP Incorporated in France v Eskom Holdings SOC Ltd 2017 6 BCLR 675 (CC) was a dispute over a …
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