Browsing Masters Degrees (Private Law) by Title
Now showing items 1-20 of 22
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Communal land and tenure security: analysis of the South African Communal Land Rights Act 11 of 2004
(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 ... -
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, ... -
The consequences of contracts concluded by unassisted minors : a comparative evaluation
(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 ... -
A critical analysis of the role of the developer in sectional title developments
(Juta Law, 2008-01)The introduction of sectional titles in South Africa has opened the door for developers to explore new opportunities in property development and to reap considerable profits in the expanded real estate market. Since ... -
The effect of the acquisition of parental responsibilities and rights on the realisation of the right to parental care of children born to unmarried parents
(Stellenbosch : Stellenbosch University, 2020-03)ENGLISH ABSTRACT: Section 28(1)(b) of the Constitution guarantees every child the right to parental care. It is this right that forms the basis of the research. The content of the right to parental care in South African ... -
Einde van lewe besluite ten opsigte van defektiewe babas : 'n juridiese perspektief
(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 ... -
The fair price rule and the South African law of contract: A historical and comparative analysis
(Stellenbosch : Stellenbosch University, 2018-12)ENGLISH ABSTRACT: This thesis focuses on legal rules that allow a court to set aside or modify a contract on the basis of a large discrepancy in the value of the respective performances. These “fair price” or “just price” ... -
Fundamental change of circumstances and the principle of 'causa finalis'
(Stellenbosch : Stellenbosch University, 2001-12)ENGLISH ABSTRACT: On the basis of a comparative analysis of the case law in Germany, England and South Africa dealing with fundamental change of circumstances, it is submitted that the underlying principle of this problem ... -
The implementation of court orders in respect of socio-economic rights in South Africa
(Stellenbosch : Stellenbosch University, 2003-12)ENGLISH ABSTRACT: In recognition of the socio-economic imbalances inherited from the past and the abject poverty experienced by many, the people of South Africa adopted a Constitution fully committed to protecting ... -
Misrepresentation by non-disclosure in South African law
(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
(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 ... -
Pre-contractual agreements
(Stellenbosch : Stellenbosch University, 2020-03)ENGLISH ABSTRACT: As modern commercial transactions become larger and more complex, business professionals have resorted to various instruments or agreements aimed at regulating and progressing the negotiation process. ... -
Price adaptation and the requirement of certainty with specific reference to the contract of sale
(Stellenbosch : Stellenbosch University, 1999-03)ENGLISH ABSTRACT: This study addresses the well-established principle of South African law that a price in a contract of sale must be certain or objectively ascertainable. The interpretation given to this principle by ... -
Die regsaard van die kontraktuele verhouding tussen produsente en kooperasies betreffende die verpoeling van produkte
(Stellenbosch : Stellenbosch University, 2002-04)ENGLISH ABSTRACT: The use of co-operative pools in the South African Agricultural sector is a common phenomenon and an accepted commercial practice. Although it has seldom been at issue, the pool relationship between ... -
Remoteness and the limitation of contractual damages
(Stellenbosch : Stellenbosch University, 2016-12-07)ENGLISH ABSTRACT : This study explores remoteness of contractual damages in South African law. The manner in which South African contract law limits the extent of a plaintiff's recovery of damages caused by breach is ... -
The right to adequate housing : making sense of eviction procedures in the context of rental housing after Ndlovu V Ngcobo
(Stellenbosch : University of Stellenbosch, 2004-12)ENGLISH ABSTRACT: South Africa must address the need for adequate housing. Since democracy in 1994, the government has promulgated a number of acts to achieve the goal of adequate housing for all. These include the ... -
A right to legal gender recognition for transgender children in South Africa
(Stellenbosch : Stellenbosch University, 2020-03)ENGLISH ABSTRACT: The term gender identity can be defined as referring to each person’s deeply felt internal experience of their gender, which may or may not correspond to the sex documented at birth. The mismatch between ... -
Self-help remedies in the context of construction law in a comparative perspective
(Stellenbosch : Stellenbosch University, 2019-04)ENGLISH ABSTRACT : This thesis examines the recognition of and resort to practical self-help remedies to ensure compliance with a construction contract by the parties - this is a consistent feature of construction law, ... -
Set-Off in South African Law : challenges and opportunities
(Stellenbosch : Stellenbosch University, 2016-03)ENGLISH ABSTRACT : This study focuses on the principles surrounding the operation of set-off in South African law. It is evident that no uniform answer exists to the question of how set-off operates: it either operates ... -
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
(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 ...
