Doctoral Degrees (Mercantile Law)
Recent Submissions
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State aid to state owned enterprises in South Africa : the need for a comprehensive State aid policy : a competition law inquiry
(Stellenbosch : Stellenbosch University, 2020-03)ENGLISH ABSTRACT: The Competition Act 89 of 1998 applies equally to all firms with regard to anti-competitive behaviour regardless whether it is privately or publicly owned. Therefore it applies to stateowned enterprises ... -
The contribution mediation can make in addressing economic crime in corporate and commercial relationships in South Africa
(Stellenbosch : Stellenbosch University, 2019-12)ENGLISH ABSTRACT: Economic crime is complex and costly. It is costly because it harms victims, both directly and indirectly, as well as the broader economy. The cost is not only financial, but also to confidence and trust ... -
Regulation of takeovers and mergers with an emphasis on the mandatory offer rule: a comparative and critical analysis of the law and the institutions that have been set up to enforce the law
(Stellenbosch : Stellenbosch University, 2019-04)ENGLISH ABSTRACT :This dissertation assesses the regulation of takeovers and mergers and the institutions created to enforce the law, from a comparative perspective. It uses South Africa as its point of departure and ... -
Abuse of legal personality to avoid tax: Piercing the corporate veil as remedy in case of the abuse of legal personality for tax purposes
(Stellenbosch : Stellenbosch University, 2019-04)ENGLISH ABSTRACT : Companies are legal persons and as much part of commercial traffic as the natural persons owning and controlling them. Compared to one another, companies and natural persons nevertheless have very ... -
The definitions of ‘inside information’ and ‘insider’ in the Financial Markets Act 19 of 2012
(Stellenbosch : Stellenbosch University, 2019-04)ENGLISH ABSTRACT : The definitions of ‘insider’ and ‘inside information’ in the Financial Markets Act 19 of 2012 are, as is the case with their international counterparts, central to the Act’s regulation of insider trading. ... -
The integration of work and parenting: a comparative legal analysis
(Stellenbosch : Stellenbosch University, 2018-03)ENGLISH ABSTRACT : Given the importance of parental care to children, parents and broader society and the apparent conflict between work and adequate parental care, this study evaluates the legal facilitation of the ... -
A critical analysis of the legal environment in respect of the private equity industry in South Africa
(Stellenbosch : Stellenbosch University, 2018-03)ENGLISH ABSTRACT : This dissertation aims to answer a fundamental question relating to the South African legal and economic framework in which private equity operates. This being: To what extent does the law address/regulate ... -
The impact of climate change law on the principle of state sovereignty over natural resources
(Stellenbosch : Stellenbosch University, 2017-03)ENGLISH ABSTRACT : This dissertation serves to expand the means within international law by which to address the global interdisciplinary crisis that is climate change. The principle of sovereignty over natural resources ... -
A South African perspective on some critical issues regarding the OECD model tax convention on income and on capital, with special emphasis on its application to trusts
(Stellenbosch : Stellenbosch University, 2014-12)ENGLISH ABSTRACT: Trusts are used for a variety of purposes, both in South Africa and abroad. Like so many other entities, trusts often do not function only in one jurisdiction and may therefore be exposed to international ... -
Harmonising the law of sale in the Southern African Development Community (SADC) : an analysis of selected models
(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
(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
(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
(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
(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 ... -
A comparative legal study of the dilution of registered trade marks in selected jurisdictions to further the development of the remedy in South African law
(Stellenbosch : Stellenbosch University, 2005-12)ENGLISH ABSTRACT: Trade marks are among the most valuable commodities of the modern business world. Adequate protection for trade marks to prevent the misappropriation of their incredible marketing power is therefore ... -
A critical evaluation of the interaction between sport and law in South Africa
(Stellenbosch : Stellenbosch University, 2010)ENGLISH ABSTRACT: This dissertation contains an evaluation of the interaction between law and sport in South Africa. The evaluation includes description of the main areas where laws (in the form of the common law, ... -
The Protection of Privacy in the Workplace: A Comparative Study
(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
(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
(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 ...
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