Ruppel, Oliver C.(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 ...
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 ...
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 ...
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 ...
Torgbor, Edward Nii Adja(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 ...
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 ...
Shay, Richard Michael(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 ...
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 ...
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 ...
Stevens, Richard Arno(Stellenbosch : University of Stellenbosch, 2011-03)
ENGLISH ABSTRACT: Groups of companies are part of the realities of the modern economic system. Despite the fact
that such groups often function as a single economic entity, the legal point of departure remains
that each ...
Loots, Barbara Evelyn(Stellenbosch : University of Stellenbosch, 2011-03)
ENGLISH ABSTRACT: The focus of this study is the rights-based normative overlap of labour and administrative law in
public employment. As the judiciary appeared to be unable to agree on a unified approach to
the application ...
Nginase, Xolisa Human(Stellenbosch : University of Stellenbosch, 2009-12)
ENGLISH ABSTRACT: This thesis discusses the meaning of public purpose and public interest in s 25 of the
Final Constitution. The main question that is asked is: how does ‘public purpose’
differ from ‘public interest’, ...
Drake, Hannine(Stellenbosch : University of Stellenbosch, 2009-03)
The worldwide increase of corporate failures on the scale of Enron and WorldCom has
sparked a renewed international trend of corporate governance review. With the external
company auditor blamed at least in part for many ...
Terblanche, Janet Rene(Stellenbosch : University of Stellenbosch, 2006-03)
The research defines derivatives as private contracts, with future rights and obligations imposed on all parties, used to hedge or transfer risk, which derives value from an underlying asset price or index, which asset ...
Loots, Barbara Evelyn(Stellenbosch : University of Stellenbosch, 2005-03)
The concept of affirmative action, in contrast to discrimination, does not have a
universal uniform meaning. On the one hand affirmative action can be seen as an
attempt to promote equal opportunities for individuals or ...
Horn, Roelof Combrinck(Stellenbosch : University of Stellenbosch, 2005-12)
Corporate governance is defined as the system by which companies are managed and controlled. The concept came to the fore with the Cadbury Report in England in 1992 and has since been the topic of much academic discussion. ...
Du Toit, Gerhard(Stellenbosch : University of Stellenbosch, 2006-03)
The objective of this study is to examine the significance of postmodern insights regarding interpretation (especially the rejection of intentionalism) and subjectivity for contractual interpretation theory.
In Part One ...
Spree, Wolfgang(Stellenbosch : University of Stellenbosch, 2007-03)
The freedom to transfer an undertaking is part of the employer’s freedom of contract. The
transferee of an undertaking under the common law has the right to choose whether he wants to
contract with employees or not.
By ...
Dippenaar, Annelene(Stellenbosch : University of Stellenbosch, 2007-03)
The collapse of Enron, WorldCom and other companies and the worldwide adoption of codes of good corporate governance have highlighted the poor standard of corporate governance systems and brought about big changes in this ...