Browsing by Author "Van der Bijl, Charnelle"

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    B & B establishments, hotels and the praetorian edictum de nautis cauponibus et stabulariis : cessante ratione legis cessat lex ipsa
    (Juta Law, 2006-01) Van der Bijl, Charnelle
    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 was a remedy granted to give effect to a form of guarantee known as the receptum, to protect a customer who had to deliver his possessions into the custody of mariners, innkeepers or stable-keepers, the so-called nautae, caupones and stabularii (see Davis v Lockstone 1921 AD 154 at 157; Gabriel & another v Enchanted Bed and Breakfast CC 2002 (6) SA 597 (C); Reinhard Zimmermann The Law of Obligations: Roman Foundations of the Civilian Tradition (1990) 515).
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    The cloning of credit cards: the Dolly of the electronic era
    (Juta Law Publishing, 2007-02) Van der Bijl, Charnelle
    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 special chip and transactions will be verified, using a four-digit personal identification number, which will be keyed in instead of the signing of receipts. The introduction of the EMV bank chip smart card system, which is to replace magnetic stripe cards with microchip cards, is aimed at eliminating the risks of unauthorised use. A smart card is a plastic card based on cryptography with a microcomputer chip in it, which is swiped at a payment terminal, or smart card reader that verifies the smart card as being genuine by sending a random code. This code in turn is responded to by the microchip, which together with a security access code such as a PIN (Personal Identification Number), acts as a type of secret key. Smart card technology therefore refers to the microcomputer-embedded technology linked to the card rather than to the purpose of the card.
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    Rape trauma syndrome under South African law: a focus on instituting civil damages for male and female victims of rape trauma syndrome: Part 1
    (Juta Law Publishing, 2006-01) Van der Bijl, Charnelle
    INTRODUCTION: In keeping pace with a progressive approach towards the revision of rape legislation, the question may be raised as to whether the time has come to consider seriously and give more prominence to rape trauma syndrome under South African law. The term rape trauma syndrome is often clinically used to describe a multitude of sensory, cognitive, perceptual, behavioural and interpersonal symptoms, which may be exhibited in varying degrees by victims of rape. The majority of rape victims develop a pattern of moderate to severe symptoms commonly described as rape trauma syndrome, being an acute reaction to an externally imposed situational crisis. Although legal literature on rape trauma syndrome is extremely limited from a South African perspective, as it is not afforded legal recognition as such, a wealth of empirical literature exists in the United States. The term rape trauma syndrome is commonly used in legal decision-making in the United States in explaining the symptoms experienced by rape victims.