440 publication(s) trouvée(s)
Article scientifique
Spatial Practices in Lowliebenhof: The Case of Maphango v Aengus Lifestyle Properties (Pty) Ltd
In Maphango v Aengus Lifestyle Properties (Pty) Ltd 2012 5 BCLR 449 (CC) the question before the Constitutional Court was …
Article scientifique
A Pluralist Approach to the Law of International Sales
International trade can support economic development and social upliftment. However, people are often discouraged from contracting internationally due to differences …
Article scientifique
The Impact on Women on the Removal of Gender as a Rating Variable in Motor-Vehicle Insurance
Insurers use actuarial statistics as rating variables to differentiate and distinguish for the purposes of risk classification. They justify their …
Article scientifique
The Paradox of Migration and the Interests of the Atomistic Nation-States: The Southern African Perspective
The "paradox of migration and the interests of the atomistic nation-states" interrogates the phenomenon of migration in general and in …
Article scientifique
Reasonable and Probable Cause in the Law of Malicious Prosecution: A Review of South African and Commonwealth Decisions
The requirement that the plaintiff in an action for malicious prosecution must prove a lack of reasonable and probable cause …
Article scientifique
The Academia as Profession
There is an obvious conceptual link between the words "professor" and "profession". May one however assume that being a professor …
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Climate Justice: Case Studies in Global and Regional Governance Challenges
Climate Justice: Case Studies in Global and Regional Governance Challenges edited by Randall Abate, addresses a diverse set of topics …
Article scientifique
Die Moontlike Regshervorming van die Integrasiereël in die Suid-Afrikaanse Kontraktereg deur middel van die Leerstuk van Rektifikasie
As far back as the early twentieth century the Appellate Division in Cassiem v Standard Bank of SA Ltd, held …
Article scientifique
Shaken Baby Syndrome: A South African Medico-Legal Perspective
Shaken Baby Syndrome refers to the violent and repetitive shaking of an infant, and is a form of abusive head …
Article scientifique
The Law Regarding Pension Interest in South Africa Has Been Settled! Or Has it? With Reference to Ndaba v Ndaba (600/2015) [2016] ZASCA 162
This article reflects on the law relating to pension interest in South Africa. In particular, it assesses whether the Supreme …
Article scientifique
Battered Women and the Requirement of Imminence in Self-Defence
Should the South African courts abolish the traditional imminence standard, something must be used to stand in its place. The …
Article scientifique
Protecting Critical Databases – Towards a Risk Based Assessment of Critical Information Infrastructures (CIIS) in South Africa
South Africa has made great strides towards protecting critical information infrastructures (CIIs). For example, South Africa recognises the significance of …
Article scientifique
Recent Developments in the Provision of Pro Bono Legal Services by Attorneys in South Africa
This paper focuses on legal service delivery for the indigent by attorneys in private practice acting pro bono in civil …
Article scientifique
The Myth of Objectivity: Implicit Racial Bias and the Law (Part 1)
The centrality of race to our history and the substantial racial inequalities that continue to pervade society ensure that "race" …
Article scientifique
Common Problems Affecting Supranational Attempts in Africa: An Analytical Overview
Ever since the colonial era, attempts have been made throughout the various regions of Africa at building supranational units chiefly …
Article scientifique
The Myth of Objectivity: Implicit Racial Bias and the Law (Part 2)
The centrality of race to our history and the substantial racial inequalities that continue to pervade society ensure that "race" …
Article scientifique
The Child Justice Act: Procedural Sentencing Issues
In this contribution a number of procedural issues related to the sentencing of child offenders and emanating from the Child …
Article scientifique
The Use of Official Languages Act: Diversity Affirmed?
A full sixteen years after the coming into force of the 1996 Constitution, Parliament responded to the constitutional obligation to …
Article scientifique
HIV/AIDS, To Disclose or not to Disclose: That is the Question
The systemic consequences of the HIV/AIDS pandemic in South Africa are evident not only in demographic, economic and social trends, …
Article scientifique
The Enforcement of the Payment of Lobolo and its Impact On Children’s Rights in South Africa
Various communities in South Africa practise the custom of lobolo (payment in kind or cash by a prospective husband or …