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Department of Private Law
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Now showing items 1-14 of 14

The application of the Copyright Act, 1978, to works made prior to 1979

Dean, O. H. (Stellenbosch : Stellenbosch University, 1988-12)

Article 1 Section 8 Clause 8 of the Constitution of the United States of America empowers Congress "to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive ...
Building encroachments and compulsory transfer of ownership

Temmers, Zsa-Zsa (Stellenbosch : University of Stellenbosch, 2010-12)

ENGLISH ABSTRACT: South African courts seem to be adopting a new approach to the problem of building encroachments. For pragmatic and policy reasons courts are now inclined to exercise its discretion in favour of leaving ...
Communal land and tenure security: analysis of the South African Communal Land Rights Act 11 of 2004

Johnson, Ebrezia (Stellenbosch : University of Stellenbosch, 2009-12)

ENGLISH ABSTRACT: In this thesis, the Communal Land Rights Act 11 0f 2004 is analysed in order to determine whether it can give effect to the constitutional mandate in terms of which it was promulgated, namely section ...
The consequences of contracts concluded by unassisted minors : a comparative evaluation

Watt, Ilze Jr (Stellenbosch : Stellenbosch University, 2012-12)

ENGLISH ABSTRACT: It is a general principle of the law of South Africa that an unassisted contract of a minor is unenforceable against the minor. Although it binds the other party, the minor is not bound. The minor will ...
Einde van lewe besluite ten opsigte van defektiewe babas : 'n juridiese perspektief

Rossouw, Elzaan (Stellenbosch : University of Stellenbosch, 2006.12)

End of life decisions regarding defective babies raise several controversial questions. The root of the problem in withdrawing or withholding life-sustaining treatment from defective babies lies in the conflict between ...
Invloed van die begrip kinderregte op die privaatregtelike ouer-kind verhouding in die Suid-Afrikaanse reg

Human, Cornelia Sophia (Stellenbosch : University of Stellenbosch, 1998-12)

ENGLISH ABSTRACT: The thesis investigates the effect of the recognition of the rights of the child on the parent-child relationship in private law. Rights of the child seem, on the face of it, to undermine parental ...
The judicial regulation of state commercial activity

Quinot, Geo (Stellenbosch : University of Stellenbsoch, 2007-12)

ENGLISH ABSTRACT: The state participates in the market place in a large number of ways, spending millions annually. It buys and sells goods and services; it employs a massive workforce; it acquires, develops and disposes ...
The law relating to documentary credits from a South African perspective with special reference to the legal position of the issuing and confirming banks

Hugo, Charl Francois (Stellenbosch: University of Stellenbosch, 1996-12)

ENGLISH ABSTRACT: The documentary credit is one of the most important methods of payment utilised in international trade. This versatile instrument is encountered in a variety of forms. In its simplest form it is an ...
Misrepresentation by non-disclosure in South African law

Cupido, Robin Vicky (Stellenbosch : Stellenbosch University, 2013-03)

ENGLISH ABSTRACT: This thesis investigates the approach to non-disclosure as a form of misrepresentation in South African law. The primary focus is the question of liability, and whether parties should be able to claim ...
Perspectives on the best interests of the child : developments in the interpretation and application of the principle in the South African law relating to custody

Basson, Lindinette (Stellenbosch : Stellenbosch University, 2004-04)

ENGLISH ABSTRACT: The Constitution of the Republic of South Africa entrenches the best interests of the child as being of paramount importance in all matters concerning the child. This commitment to the promotion of the ...
Statutory formalities in South African law

Myburgh, Franziska Elizabeth (Stellenbosch : Stellenbosch University, 2013-03)

ENGLISH ABSTRACT: This dissertation examines the approach to statutory formalities in South African law. It focuses primarily on formal requirements which result in nullity in the event of non-compliance, and in particular, ...
Tenure security under the Communal Property Associations Act 28 of 1996 : an analysis of establishment and management procedures with comparative reference to the Sectional Titles Act 95 of 1986

Jacobs, Petrus Jacobus (Stellenbosch : University of Stellenbosch, 2011-03)

ENGLISH ABSTRACT: This thesis discusses the efficacy of procedures involving communal participation in the management of land by communal property associations, and how this contributes to the promotion of security of ...
A uniform condominium statute for China based on a comparative study of the South African Sectional Titles Act and American Uniform Common Interest Ownership Act

Chen, Lei (Stellenbosch : Stellenbosch University, 2008-12)

The objective of this study is to examine the significance of introducing and strengthening apartment ownership in China. The research aims to explore and scrutinize various apartment ownership options from selected ...
Zur Frage, inwieweit der südafrikanische Sectional Titles Act aus der neu verabschiedeten WEG-Novelle in Deutschland Nutzen ziehen kann

Scholze, Gregor (Stellenbosch : University of Stellenbosch, 2010-03)

ENGLISH ABSTRACT: The most important innovations of the revised German Wohnunungseigentumsgesetz which came into force on 1 July of 2007, concern the possiblity to amend parts of the constitution of the scheme ...