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Faculty of Law
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Department of Mercantile Law
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Doctoral Degrees (Mercantile Law)

Doctoral Degrees (Mercantile Law)

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Recent Submissions

Harmonising the Law of Sale in the Southern African Development Community (SADC): An Analysis of Selected Models

Shumba, Tapiwa (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 ...
Substantive equality, affirmative action and the alleviation of poverty in South Africa : a socio-legal inquiry

Katiyatiya, Luyando Martha (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 ...
Copyright : rebalancing the public and private interests in the areas of education and research

Wang, Jia (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 ...
A comparative study of law and practice of arbitration in Kenya, Nigeria and Zimbabwe, with particular reference to current problems in Kenya

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 ...
Open-source software and the rationale for copyright protection of computer programs

Karjiker, Sadulla (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 ...
The Protection of Privacy in the Workplace: A Comparative Study

Gondwe, Mimmy (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 ...
The external relations of company groups in South African law : a critical comparative analysis

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 ...
Public employment and the relationship between labour and administrative law

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 ...
The significance of postmodern theories of interpretation for contractual interpretation : a critical analysis

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 ...

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