Department of Mercantile Law
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The impact of climate change law on the principle of state sovereignty over natural resources
(Stellenbosch : Stellenbosch University, 2017-03)ENGLISH ABSTRACT : This dissertation serves to expand the means within international law by which to address the global interdisciplinary crisis that is climate change. The principle of sovereignty over natural resources ...
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Determining the residence of a trust : a South African income tax perspective
(Stellenbosch : Stellenbosch University, 2013-12)ENGLISH ABSTRACT: In the tapestry of history the subjects of trusts and taxes are frequently interwoven. Owing to such frequent interaction, one may assume that all signifcant aspects regarding the taxation of trusts have ...
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Constitutional analysis of intellectual property
(2014)This article analyses the Constitutional Court's treatment of property interests in the face of state regulation to gain an understanding of the type of state interference that is justifiable in terms of section 25(1) of ...
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The Employment Equity Act, 1998 (and other myths about the pursuit of equality, equity and dignity in post-apartheid South Africa) (Part 1)
(2015)The author critically examines the organising principle of the affirmative action provisions of the Employment Equity Act (or EEA), as well as the implications of the recent judgment by the Constitutional Court in its first ...
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The incorporation of double taxation agreements into South African domestic law
(2015)There are different opinions as to the process whereby double taxation agreements (DTAs) are incorporated into South African law. This contribution aims to discuss some of the existing opinions and to offer a further ...
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The liability of churches for the historical sexual assault of children by priests
(2015)Could a church be held liable for the sexual assault of children by priests when the victims claim as adults only many years after the event? Complainants can claim damages on the basis that the church is either directly ...
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The Employment Equity Act, 1998 (and other myths about the pursuit of equality, equity and dignity in post-apartheid South Africa) (Part 2)
(2015)The author critically examines the organising principle of the affirmative action provisions of the Employment Equity Act (or EEA), as well as the implications of the recent judgment by the Constitutional Court in its first ...
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How to copy a song with impunity : a legal perspective on copyright infringement cases for musical works
(Stellenbosch : Stellenbosch University, 2015-03)ENGLISH ABSTRACT: Music has, and continues to play, an important role in society. It is therefore natural that more music composers enter the scene to capitalize upon this role that music has in society. It is however ...
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Judicial management as a technique for corporate rescue. A comparison with English and Australian law.
(Stellenbosch : Stellenbosch University, 2000-03)ENGLISH ABSTRACT: Judicial management has been part of South African company law since 1926. It was introduced as a procedure to provide for a corporate rescue. Judicial management has changed little since its introduction. ...
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Reconsidering Distributions: A Critical Analysis of the Regulation of Distributions to Shareholders in the Companies Act of 2008, with Special Reference to the Solvency and Liquidity Requirement
(Stellenbosch : Stellenbosch University, 2015-03)ENGLISH ABSTRACT : The Companies Act 71 of 2008 introduces a completely new system for the regulation of distributions by a company to its shareholders. The preferred method for protecting the interests of creditors in ...
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Die moontlikheid van besitsherstel as wesenselement vir die aanwending vandie mandament van spolie
(1982-06)INLEIDING: Een van die gevolge van die besit van 'n saak is die feit dat die besitter op besitsbeskerming geregtig is. Onderliggend aan hierdie beskerming moet die doel wat die reg vervul, gesien word - die vreedsame ...
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A South African perspective on some critical issues regarding the OECD model tax convention on income and on capital, with special emphasis on its application to trusts
(Stellenbosch : Stellenbosch University, 2014-12)ENGLISH ABSTRACT: Trusts are used for a variety of purposes, both in South Africa and abroad. Like so many other entities, trusts often do not function only in one jurisdiction and may therefore be exposed to international ...
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Intersections of law and cooperative global climate governance challenges in the anthropocene
(Stellenbosch : Stellenbosch University, 2013-03)Oliver C. Ruppel joined the Department of Mercantile Law, Stellenbosch University (SU) as professor in January 2011. Until then he held one of the 14 prestigious Chairs in the Academic Programme of the World Trade ...
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Harmonising the law of sale in the Southern African Development Community (SADC) : an analysis of selected models
(Stellenbosch : Stellenbosch University, 2014-04)ENGLISH ABSTRACT: It is generally recognised that diversity of laws may act as a barrier to the development of trade, both at international and regional level. In a globalised era, trade is necessary for economic development ...
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Substantive equality, affirmative action and the alleviation of poverty in South Africa : a socio-legal inquiry
(Stellenbosch : Stellenbosch University, 2014-04)ENGLISH ABSTRACT: Substantive equality is a constitutional imperative, hence the need for strategies that attempt to realise it for the sake of genuine social reconstruction. The principle of equality runs through all other ...
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Copyright : rebalancing the public and private interests in the areas of education and research
(Stellenbosch : Stellenbosch University, 2013-12)The general public should have wide access to copyrighted materials for education and research. However, since the current copyright law system subtly favors copyright holders, it is time to re-evaluate copyright law to ...
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A comparative study of law and practice of arbitration in Kenya, Nigeria and Zimbabwe, with particular reference to current problems in Kenya
(Stellenbosch : Stellenbosch University, 2013-03)ENGLISH ABSTRACT: Arbitration as a mode of dispute settlement has been growing steadily all over the world. The momentum for commercial arbitration in particular was provided by the 1985 UNCITRAL Model Law on International ...
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Open-source software and the rationale for copyright protection of computer programs
(Stellenbosch : Stellenbosch University, 2013-03)ENGLISH ABSTRACT: The rationale for the legal protection of copyright works is based on the perceived need to encourage the creation of works which are considered to be socially beneficial. By awarding authors proprietary ...
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Users' entitlements under the fair dealing exceptions to copyright
(Stellenbosch : Stellenbosch University, 2012-12)ENGLISH ABSTRACT: This thesis analyses current South African copyright law to ascertain the proper interpretation and application of the fair dealing provisions contained in the Copyright Act 98 of 1978. Copyright law ...
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Een rechtsvergelijkende studie tussen het Nederlandse en Zuid-Afrikaanse ontslagrecht : met als deelonderwerp, retrenchment
(Stellenbosch : Stellenbosch University, 1992-11)ENGLISH ABSTRACT: The central concern of this thesis is retrenchment. It begins with an overview of the law concerning dismissal whereafter the general position relating to retrenchment and the guidelines of the ...
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Die objek van outeursreg
(Stellenbosch : Stellenbosch University, 1989-03)ENGLISH ABSTRACT: English abstract not available
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The trade, development and cooperation agreement between the Republic of South Africa and the European Union : an analysis with special regard to the negotiating process, the contents of the agreement, the applicability of WTO law and the Port and Sherry Agreement
(Stellenbosch : Stellenbosch University, 2001-12)ENGLISH ABSTRACT: This thesis deals with the Trade, Development and Cooperation Agreement (TDCA) between the European Union and the Republic of South Africa, which was concluded in October 1999. In particular, the ...
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Vereniging van die koopreg : kontraksluiting in 'n historiese, regsvergelykende en internasionale perspektief
(Stellenbosch : Stellenbosch University, 2000-12)ENGLISH ABSTRACT: International trade has increased tremendously in the last few decades. When parties to a contract find themselves in different countries and each has its own legal background, specific problems originate ...
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The role of implicit contract terms as a determinant of contractual consequences
(Stellenbosch : Stellenbosch University, 2005-12)ENGLISH ABSTRACT: It is clear that the classical concept of contract suffers from weaknesses because it takes too little account of social and economic changes that have occurred in our highly competitive global climate. ...
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Control of mergers between newspaper enterprises under South African and German competition law
(Stellenbosch : Stellenbosch University, 2005-12)ENGLISH ABSTRACT: This thesis compares South African and German Competition Law. The focus is the control of mergers between newspaper enterprises. It has to be asked whether special rules should apply to transactions ...
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A comparative legal study of the dilution of registered trade marks in selected jurisdictions to further the development of the remedy in South African law
(Stellenbosch : Stellenbosch University, 2005-12)ENGLISH ABSTRACT: Trade marks are among the most valuable commodities of the modern business world. Adequate protection for trade marks to prevent the misappropriation of their incredible marketing power is therefore ...
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n Teoretiese en praktiese ondersoek na 'n betroubare en toepaslike boedelbeplanningsmodel
(Stellenbosch : Stellenbosch University, 2004-12)ENGLISH ABSTRACT: This study deals with a theoretical and practical investigation of the subject discipline of estate planning in order to identify a reliable and appropriate estate planning model. For purposes of this ...
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An assessment of the South African law governing breach of contract : a consideration of the relationship between the classification of breach and the resultant remedies
(Stellenbosch : Stellenbosch University, 2004-04)ENGLISH ABSTRACT: The South African system of breach of contract recognizes several distinct forms of breach. each encompassing its own set of requirements. Before one is able to determine the outcome and accordingly ...
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Comparison of post-employment restraints in South Africa, England and Germany
(Stellenbosch : Stellenbosch University, 2003-12)ENGLISH ABSTRACT: This dissertation deals with restraints in post-employment cases in England, South Africa and Germany. The attempt was made to compare the restraint of trade doctrine that was developed in England and ...
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The Protection of Privacy in the Workplace: A Comparative Study
(Stellenbosch : Stellenbosch University, 2011-12)ENGLISH ABSTRACT: The importance of privacy lies in the fact that it represents the very idea of human dignity or the preservation of the ‘inner sanctum’. Not surprisingly, however, operational concerns of employers and ...
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