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Ancillary rights in servitude law
(Stellenbosch : Stellenbosch University, 2015-12)
ENGLISH ABSTRACT :Servitudes are regulated in South African law by the principles of the common law. One set of principles regulate servitudes ex ante – limiting and controlling the establishment of servitudes. Another set ...
Reconsidering the relationship between property and regulation: a systemic constitutional approach
(Stellenbosch : Stellenbosch University, 2015-12)
ENGLISH ABSTRACT :This dissertation considers whether the approach to the regulation of property in the constitutional context is compatible with either one of the major theoretical approaches in private law, namely that ...
The Application of the Joint Criminal Enterprise Doctrine in International Criminal Law for the Prosecution of Sexual Offences
(Stellenbosch : Stellenbosch University, 2015-12)
ENGLISH ABSTRACT : The aim of my thesis is to test Haffajee‟s propositions in order to determine the most suitable
construction of the Joint Criminal Enterprise (“JCE”) doctrine to establish a link between an
accused and ...
The salva rei substantia requirement in personal servitudes
(Stellenbosch : Stellenbosch University, 2015-12)
ENGLISH ABSTRACT : The research question addressed in this dissertation is whether sufficient reasons exist for embracing a flexible approach to the salva rei substantia requirement in usufruct law. In South African law ...
A critical analysis of the financial and social obligations imposed on sectional owners in sectional title schemes, as well as their enforcement
(Stellenbosch : Stellenbosch University, 2014-04)
ENGLISH ABSTRACT: Over the years sectional ownership satisfied the psychological need of many South
Africans to acquire home-ownership and it is currently estimated that there are more
than 780 000 sectional title ...
A constitutional analysis of access rights that limit landowners' right to exclude
(Stellenbosch : Stellenbosch University, 2015-12)
ENGLISH ABSTRACT : The right to exclude is portrayed either in a strong-absolute sense or a qualified sense. According to the South African doctrinal notion of ownership, ownership and the right to exclude are exercised ...
The implications of a relational feminist interpretation of socio-economic rights for cohabiting partners
(Stellenbosch : Stellenbosch University, 2016-12)
ENGLISH ABSTRACT : Within South Africa, it is disproportionately women and children who bear the socio-economic burdens of divorce and family dissolution. While all family relationships need to be effectively regulated so ...
The constitutionality of religious observances in South African public schools
(Stellenbosch : Stellenbosch University, 2016-12)
ENGLISH ABSTRACT : The right to freedom of religion is one of the oldest of the internationally recognised freedoms and is entrenched in section 15(1) of the Constitution of the Republic of South Africa, 1996 (“Constitution”). ...
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 ...
A capabilities approach to the judicial review of resource allocation decisions impacting on socio-economic rights
(Stellenbosch : Stellenbosch University, 2015-12)
AFRIKAANSE OPSOMMING : Die verwesenliking van sosio-ekonomiese regte, dikwels deur middel van administratiefreg, is ʼn voorvereiste van kritieke belang vir die transformasie van die Suid Afrikaanse samelewing. Hulpbronne ...