Browsing Research Articles (Mercantile Law) by Title
Now showing items 55-74 of 82
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Migrant workers and the right to social security: an international perspective
(Juta Law Publishing, 2007-02)INTRODUCTION: An estimated 175 million people, nearly three percent of the world’s population, are international migrants. This figure includes refugees, displaced persons, stateless persons, and (important for the ... -
The new gTLDs and the resolution of trade mark disputes
(Juta Law Publishing, 2014-01)Following ICANN's decision to permit new top-level domains pursuant to its New gTLD Program, and the likely explosion in the number of top-level domains ("TLDs"), it was anticipated that there would be competing claims to ... -
A pluralist approach to the law of international sales
(North-West University, Faculty of Law, 2017)International trade can support economic development and social upliftment. However, people are often discouraged from contracting internationally due to differences in legal systems which act as a non-tariff barrier to ... -
A pluralist approach to the Law of International Sales
(ASSAF, 2017-04)International trade can support economic development and social upliftment. However, people are often discouraged from contracting internationally due to differences in legal systems which act as a non-tariff barrier to ... -
The precarious employment position of ministers of religion : servants of God but not of the church
(Juta Law Publishing, 2017)South African courts have in recent years progressively extended protection against unfair dismissal to categories of persons not previously regarded as employees. Courts interpreted labour legislation in light of the ... -
Protection for homes during mortgage enforcement : human-rights approaches in South African and English law
(Juta Law, 2015-01)This article investigates the enforcement of mortgages in South Africa and England. It specifically focuses on the influence of human-rights housing principles in so far as they may require courts to conduct a proportionality ... -
Reconciling the state's duties to promote land reform and to pay just and equitable compensation for expropriation
(Juta Law, 2006-01)The apparent conflict between the state’s duties to promote land reform (specifically equitable access to land, as provided for in s 25(5) of the Constitution, 1996) and to pay just and equitable compensation for expropriation ... -
Redesigning the South African Unemployment Insurance Fund : selected key policy and legal perspectives
(Juta Law Publishing, 2011-01)This contribution examines selected issues from a policy and legal perspective. Against the background of the broader social security reform agenda in South Africa and the vision of a comprehensive social security system, ... -
Replacing property rules with liability rules : encroachment by building
(Juta Law, 2008-12)According to South African common law, movables attached permanently to land lose their independence and become part of the land; the landowner 'acquires' ownership of them through accession. In encroachment cases it has ... -
Restraint of trade agreements in employment contracts : time for Pacta Sunt Servanda to bow out?
(Juta Law Publishing, 2011-01)Clauses in restraint of trade in employment contracts still lag behind in respect of protection afforded to employees. There is no legislation regulating these agreements and the unequal bargaining position of employees ... -
The right to a view reconsidered
(Juta Law, 2015-01)Traditionally, an existing, unimpeded view over or across neighbouring properties is considered a mere incidental advantage, interference with which is generally not actionable. Contrary to popular belief, the advantage ... -
The right to just administrative action in the context of suspending the payment of disputed tax
(North-West University, Faculty of Law, 2017)Section 164(3) of the Tax Administration Act 28 of 2011 (hereafter TAA) provides a senior South African Revenue Service official (hereafter, respectively, SARS and senior SARS official) with discretionary powers to suspend ... -
The role and function of trade usage in modern international sales law
(Oxford University Press, 2015-08)Trade usage reflects consistent and uniform business practices that are regularly followed in a particular trade. Trade usage has always played an important role in international sales as is evidenced by the lex mercatoria, ... -
The role of reputation in trade mark infringement
(Juta Law, 2018)The recent decision of the supreme court of appeal in PepsiCo v Atlantic Industries illustrates our courts’ failure to properly engage with the issue of the reputation of a trade mark in the assessment of whether there ... -
Section 25 vortices (part 1)
(Juta Law, 2016-10)Roux introduced the notion of the “arbitrariness vortex” to illustrate his observation that the constitutional court’s FNB decision could “telescope many of the issues that might have been addressed (and in comparative ... -
Section 25 vortices (part 2)
(Juta Law, 2016-12)Even when he first identified the arbitrariness vortex, Roux pointed out that courts may well not follow the methodology set out in the FNB case strictly and that deviations might reduce the vortex effect in some cases. ... -
Share value shifting: a comparison between the anti-avoidance provisions in South African and Australian tax legislation
(Juta Law Publishing, 2007-02)INTRODUCTION: For as long as countries have imposed capital gains tax (CGT), taxpayers have been looking for ways of transferring economic value without becoming liable to pay it. Since CGT is usually triggered by the ... -
Should teachers have the right to strike? The expedience of declaring the education sector an essential service
(Juta Law Publishing, 2013-01)Concern about the impact of teachers' strikes on the right of children to basic education has led to calls that education should be designated an essential service. The authors argue that this is not feasible as it is not ... -
Some thoughts on the meaning of expenditure in the Income Tax Act
(Juta Law, 2013-01)In calculating a taxpayer’s taxable income under the Income Tax Act 58 of 1962 (“the act”), a deduction of his “expenditure … actually incurred” is allowed against the taxpayer’s income. The meaning of the word “expenditure” ... -
Sport and nuisance law
(Juta Law, 2010-01)The author analyses the Supreme Court of Appeal decision in Allaclas Investments (Pty) Ltd v Milnerton Golf Club and concludes that there is a good explanation for the seemingly harsh decision to interdict the golf club ...
