432 publication(s) trouvée(s)
Article scientifique
Has the Balance been Struck The Decision in Johncom Media Investments Limited v M 2009 4 SA 7 (CC)
The case of Johncom Media Investments Limited v M 2009 4 SA 7 (CC) required of the Constitutional Court to …
Article scientifique
Commercial Appropriation of a Person's Image: Wells V Atoll Media (Pty) Ltd (Unreported 11961/2006) 2009 ZAWCHC 173 (9 November 2009)
Our modern society has become transfixed with celebrity. Business people and marketers also endeavour to cash in on the popularity …
Article scientifique
The Binding Effect of the Constitutive Documents of Companies: The 1973 and 2008 Companies Acts of South Africa
This contribution examines the provisions of the constitutive documents of companies under two specific provisions, namely s 65(2) of the …
Article scientifique
Perspectives on the Termination of Debt Review in Terms of Section 86(10) of the National Credit Act 34 of 2005
In assessing delictual damages the plaintiff is burdened with the duty to prove loss with a preponderance of probability, including …
Article scientifique
Aspects of Land Administration in the Context of Good Governance
This paper explores aspects of land administration where public funding and interests necessitate the application of good governance practices. The …
Article scientifique
"For the Sake of the Children": South African Family Relocation Disputes
Decisions by primary caregiving parents to relocate after divorce, thereby disrupting the non-primary caregivers’ right of contact with children or, …
Article scientifique
The Suitability of the Remedy of Specific Performance to Breach of A "Player's Contract" with Specific Reference to the Mapoe and Santos Cases
During the 1990s, rugby union formation in the Republic of South Africa developed rapidly from a system of strict amateurism …
Article scientifique
Restructuring of Insolvent Corporations in Canada
This paper gives a very general outline of the formal restructuring of insolvent corporations in Canada. For a South African …
Article scientifique
Alignment of Student Discipline Design and Administration to Constitutional and National Law Imperatives in South Africa
Higher Learning Institutions (HEIs) have an important role to play in the promotion of respect for fundamental human rights and …
Article scientifique
The protection of fundamental rights in the Netherlands and South Africa compared: can the many differences be justified?
This contribution considers the protection of fundamental rights in the Netherlands and South Africa. Both countries strive to be constitutional …
Article scientifique
"The show must go on!" Beserings van dramastudente tydens opleiding
This article also tries to compare the situation of a student sports person injured while participating in university sports, and …
Article scientifique
Die Impak en Grondwetlikheid van die Reg om te Staak met Betrekking tot Noodsaaklike Dienste – 'n Vergelykende Studie
This article critically considers the application of and necessity for the right to strike, especially regarding employees that are employed …
Article scientifique
What Should the Board of Management of a Pension Fund Consider when Dealing with Death Claims Involving Surviving Cohabitants
This note argues that the Adjudicator’s determination Hlathi should be welcomed by the pension funds industry because it clarifies the …
Article scientifique
Liability for the Payment of Public School Fees
The author highlights some legal issues regarding the liability of parents and other individuals to pay public school fees in …
Article scientifique
Towards a Clearer Definition and Understanding of "Indigenous Community" for the Purposes of the Intellectual Property Laws Amendment Bill, 2010: En Exploration of the Concepts "Indigenous" and "Traditional"
Although "indigenous" and "traditional" are key concepts in the Intellectual Property Laws Amendment Bill of 2010, they are not defined …
Article scientifique
The Devil is in the Definition – Definitions and their Limited Use in Legal Problem Solving
The lawyer’s usual attempt to catch the meaning of a thing by entangling it in a net of words is …
Article scientifique
Rethinking Volks V Robinson: The Implications of Applying a "Contextaulised Choice Model" to Prospective South African Domestic Partnerships Legislation
The article considers certain critical failings of the so-called "choice argument" (that is the view that, by opting to cohabit …
Article scientifique
Artikel 2 (3) van die wet op testamente: 'n Praktiese probleem by Litigasie
When considering applications in terms of section 2(3) of the Wills Act 7 of 1953, one is confronted with the …
Article scientifique
Protecting Traditional Knowledge – Does Secrecy Offer a Solution
The shortcomings of using the intellectual property system to safeguard the interests of traditional knowledge holders have received considerable attention. …
Article scientifique
Die Wenslikheid van Afrikaans as Vaktaal vir Regstudent
Since 1994 the official language status in South Africa went from two state languages to eleven. This caused English to …