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The abuse of the trust (or: "Going behind the trust form") : The South African experience with some comparative perspectives
(Mohr Siebeck, 2012-10)
INTRODUCTION: Sometime during 1994 a trust was created with a certain Mr. Badenhorst,
a successful farmer near a small South African town, as one of its trustees. At the time he was happily married. The marriage between ...
INCOTERMS as a form of standardisation in international sales law : an analysis of the interplay between mercantile custom and substantive sales law with specific reference to the passing of risk
(Stellenbosch : University of Stellenbosch, 2010-12)
ENGLISH ABSTRACT: International sales contracts have very specific needs that stem from the multiplicity
of legal systems which apply to such contracts. In addition to harmonised law,
mercantile custom is able to address ...
Mortgage foreclosure under the constitution : property, housing and the National Credit Act
(Stellenbosch : Stellenbosch University, 2012-12)
ENGLISH ABSTRACT: The forced transfer of immovable property to enforce judgment debts by way of sale in execution has constitutional implications. Firstly, if the property is residential, section 26 of the Constitution ...
The transformative value of international criminal law
(Stellenbosch : Stellenbosch University, 2012-12)
ENGLISH ABSTRACT: The existential crisis of the international regime of criminal law is arguably a thing of the past. This is confirmed through a growing body of positive law and the existence of various international ...
The right to have access to health care services for survivors of gender-based violence
(Stellenbosch : Stellenbosch University, 2012-12)
ENGLISH ABSTRACT: In South Africa gender-based violence (hereafter “GBV”) has reached extreme levels. This violent manifestation of gender inequality is compounded by the fact that women are disproportionately affected by ...
Property in virtual worlds
(Stellenbosch : Stellenbosch University, 2012-12)
ENGLISH ABSTRACT: This dissertation analyses and investigates how virtual property functions inside virtual worlds. It also determines if, within that context, virtual property is similar to, or should be treated like real ...
A comparative study of black rural women's tenure security in South Africa and Namibia
(Stellenbosch : Stellenbosch University, 2012-12)
ENGLISH ABSTRACT: The South African land question presents complex legal and social challenges. The
legal aspects of land are inextricably linked to other socio-economic aspects, such
as access to housing, healthcare, ...
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 ...
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 ...
The right to a view : common law, legislation and the constitution
(Stellenbosch : Stellenbosch University, 2012-12)
ENGLISH ABSTRACT: South African law does not recognise an inherent right to the existing, unobstructed view from a property. Nevertheless, seemingly in disregard of this general principle, property owners often attempt to ...