Browsing Research Articles (Mercantile Law) by Title
Now showing items 1-20 of 82
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Activation in the context of the unemployment insurance system in South Africa
(Juta Law Publishing, 2011-01)The main aim of labour market activation policies is to bring jobless people from unemployment or inactivity into work or, at the very least, to influence the employment prospects of the unemployed positively. Activation ... -
Die aftrekbaarheid van rente en huurgeld vir inkomstebelastingdoeleindes
(Juta Law, 2007-01)In die onderhawige saak het BP Suid-Afrika (Edms) Beperk ("BPSA") op 'n kwartaallikse grondslag dividende aan sy houermaatskappy, BP Plc, verklaar. Sodanige verklarings is deur die houermaatskappy vereis. BPSA het in die ... -
Alternative strategies to protect the existing view from a property
(Juta Law, 2016-03)In terms of the common law, a South African property owner does not have an inherent right to the existing view from her property over adjoining properties, although the existing view from her property can be protected ... -
The application and interpretation by South African courts of general renvoi clauses in South African double taxation agreements
(North-West University, Faculty of Law, 2019-11-15)General renvoi clauses in DTAs based on article 3(2) of the OECD MTC provide that an undefined term in a DTA shall have the meaning that it has in the domestic law of the contracting state applying the DTA unless the context ... -
Application of the housing clause during mortgage foreclosure : a subsidiarity approach to the role of the National Credit Act (part 1)
(Juta Law, 2014-04)Direct execution of a judgment debt against immovable property - including those burdened with mortgage bonds - is permissible in the high court on the condition that "where the property sought to be attached is the primary ... -
Application of the housing clause during mortgage foreclosure : a subsidiarity approach to the role of the National Credit Act (part 2)
(Juta Law, 2014-01)The proportionality test to determine the justification of execution against a home revolves around various contextual considerations. Yet, it appears that the enquiry will largely centre on the size of the outstanding ... -
B & B establishments, hotels and the praetorian edictum de nautis cauponibus et stabulariis : cessante ratione legis cessat lex ipsa
(Juta Law, 2006-01)The most significant action in terms of which innkeepers could be held liable for the theft of their guests’ property can be traced back to the praetor’s edict de nautis cauponibus et stabulariis. The actio de recepto ... -
The case in favour of substantive tenure reform in the landlord-tenant framework : the Occupiers, Shulana Court, 11 Hendon Road, Yeoville, Johannesburg v Steele; City of Johannesburg Metropolitan Municipality v Blue Moonlight
(Juta Law, 2011-01)The tenure reform programme, which forms part of the land reform programme, consists of two strategies. These are, first, the transformation of weak tenure through the implementation of dedicated structural reforms, and ... -
Circumventing veil piercing: possible delictual ability of a holding company to a creditor of its insolvent subsidiary
(Juta, 2013)A holding company often issues a letter of comfort to a creditor of its subsidiary company. The subsidiary company often then defaults on its obligations to that creditor. The courts generally have held that a letter of ... -
The cloning of credit cards: the Dolly of the electronic era
(Juta Law Publishing, 2007-02)INTRODUCTION: The long-awaited and much-anticipated EMV (Europay, Mastercard and Visa) system aimed at combating credit and debit card fraud has recently been launched by ABSA. VISA branded debit cards will contain a ... -
The close connection test for vicarious liability
(Juta Law Publishing, 2007-01)The requirements for the vicarious liability of an employer are threefold : an employment relationship, the commission of a delict, and that the delict must have been committed within the scope (sometimes course and scope) ... -
Commissioner, South Afrikan Revenue Service v Brummeria Renaissance (PTY) LTD and others : does the judgement benefit an understanding of the concept amount
(Juta Law Publishing, 2008-01)INSTRODUCTION: It has been said that the decision by the Supreme Court of Appeal (SCA) in Commissioner, South African Revenue Service v Brummeria Renaissance (Pty) Ltd is the most important tax case decided in the past ... -
The Common Law is not what it used to be : revisiting recognition of a constitutionally-inspired implied duty of Fair Dealing in the Common Law Contract of Employment (Part 1)
(North-West University, Faculty of Law, 2018)This piece, which is in three parts, will revisit the importation of fairness into the employment contract (outside and independent of the fairness-based provisions of our labour legislation) by a line of Supreme Court of ... -
The Common Law is not what it used to be : revisiting recognition of a constitutionally-inspired implied duty of fair dealing in the Common Law Contract of Employment (Part 2)
(North-West University, Faculty of Law, 2018)This piece, which is in three parts, will revisit the importation of fairness into the employment contract (outside and independent of the fairness-based provisions of our labour legislation) by a line of Supreme Court of ... -
The Common Law is not what it used to be : revisiting recognition of a constitutionally-inspired implied duty of fair dealing in the Common Law Contract of Employment (Part 3)
(North-West University, Faculty of Law, 2018)This piece, which is in three parts, will revisit the importation of fairness into the employment contract (outside and independent of the fairness-based provisions of our labour legislation) by a line of Supreme Court of ... -
A comparative perspective on the "joint-action rule" in the context of business trusts
(Juta Law Publishing, 2014-01)The "joint-action rule" in South African trust law entails that all trustees must act jointly in order to bind the trust. Non-compliance with the rule will most often lead to the invalidity of a contract between the trustees ... -
A comparative perspective on the application of domestic labour legislation in international employment disputes
(Juta Law Publishing, 2013-01)An analysis of different methods of dealing with the application of domestic legislation in international employment disputes in the chosen jurisdictions indicates that two broad approaches are followed, namely a private ... -
Constitutional analysis of intellectual property
(ASSAF, 2014)This article analyses the Constitutional Court's treatment of property interests in the face of state regulation to gain an understanding of the type of state interference that is justifiable in terms of section 25(1) of ... -
Constitutional perspectives on unemployment security and a right to work in South Africa
(Juta Law Publishing, 2011-09)The endemic problem of unemployment poses a serious challenge to the realisation of South Africa's constitutional goals and values. One of the most glaring gaps in the assistance provided to the unemployed in South Africa ... -
The constitutionality of acquisitive prescription : a section 25 analysis
(Juta Law, 2012-01)Acquisitive prescription (“prescription”) is one of the original methods of acquisition of ownership in South African law. No assistance is required from the original owner; ownership vests in the possessor ex lege the ...
