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Masters Degrees (Mercantile Law)
Recent Submissions
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Developing a framework for mediating farm evictions and security of tenure related disputes in South Africa
(Stellenbosch : Stellenbosch University, 2022-03)ENGLISH ABSTRACT: This dissertation is concerned with the lack of a proper framework regulating the mediation of farm evictions and security of tenure related disputes in South Africa. The Land Reform (Labour Tenants) ... -
A critical analysis of the legality of racial quotas as a tool for transformation in South African professional sport
(Stellenbosch : Stellenbosch University, 2021-03)ENGLISH ABSTRACT: South Africa is a country steeped in sport, which is an important part of the culture of large parts of the population. The new political dispensation in South Africa that came into existence in 1994 ... -
A critical analysis of the interpretation of the term "associated enterprise" in provisions in South African double taxation agreement based on Article 9 of the Organisation for Economic Cooperation and Development's Model Tax Convention on Income and on Capital
(Stellenbosch : Stellenbosch University, 2020-12)ENGLISH ABSTRACT: To the extent that a contracting state has no applicable double taxation agreement (“DTA”) in place, that contracting state will rely solely on its domestic law to regulate transfer pricing related matters. ... -
The models of attribution in the establishment of corporate liability revisited
(Stellenbosch : Stellenbosch University, 2019-04)ENGLISH ABSTRACT : The separate legal personality of a company is one of the cornerstones of modern corporate law. Nevertheless, due to the artificial nature of a company it has no inherent moral blameworthiness necessary ... -
The purpose and functionality of legislation regarding skills development within the formal sector viewed against the background of the historical causes of the skills deficit in South Africa
(Stellenbosch : Stellenbosch University, 2018-03)ENGLISH ABSTRACT: More than 20 years after South Africa’s democratic transition, and amid slow economic growth, the government faces increasing political pressure to demonstrate progress on socio-economic transformation. ... -
Determining the residence of a trust : a South African income tax perspective
(Stellenbosch : Stellenbosch University, 2013-12)ENGLISH ABSTRACT: In the tapestry of history the subjects of trusts and taxes are frequently interwoven. Owing to such frequent interaction, one may assume that all signifcant aspects regarding the taxation of trusts have ... -
How to copy a song with impunity : a legal perspective on copyright infringement cases for musical works
(Stellenbosch : Stellenbosch University, 2015-03)ENGLISH ABSTRACT: Music has, and continues to play, an important role in society. It is therefore natural that more music composers enter the scene to capitalize upon this role that music has in society. It is however ... -
Judicial management as a technique for corporate rescue. A comparison with English and Australian law
(Stellenbosch : Stellenbosch University, 2000-03)ENGLISH ABSTRACT: Judicial management has been part of South African company law since 1926. It was introduced as a procedure to provide for a corporate rescue. Judicial management has changed little since its introduction. ... -
Reconsidering Distributions: A Critical Analysis of the Regulation of Distributions to Shareholders in the Companies Act of 2008, with Special Reference to the Solvency and Liquidity Requirement
(Stellenbosch : Stellenbosch University, 2015-03)ENGLISH ABSTRACT : The Companies Act 71 of 2008 introduces a completely new system for the regulation of distributions by a company to its shareholders. The preferred method for protecting the interests of creditors in ... -
Die moontlikheid van besitsherstel as wesenselement vir die aanwending vandie mandament van spolie
(1982-06)INLEIDING: Een van die gevolge van die besit van 'n saak is die feit dat die besitter op besitsbeskerming geregtig is. Onderliggend aan hierdie beskerming moet die doel wat die reg vervul, gesien word - die vreedsame ... -
Users' entitlements under the fair dealing exceptions to copyright
(Stellenbosch : Stellenbosch University, 2012-12)ENGLISH ABSTRACT: This thesis analyses current South African copyright law to ascertain the proper interpretation and application of the fair dealing provisions contained in the Copyright Act 98 of 1978. Copyright law ... -
The law relating to the supervision of banks : a comparison between the Federal Republic of Germany and the Republic of South Africa
(Stellenbosch : Stellenbosch University, 1998-11)ENGLISH SUMMARY: Banks are one of the most important elements in the economic cycle of modem society. As money replaced bartering banks have gradually moved into the pivotal point of the relations between participants ... -
Een rechtsvergelijkende studie tussen het Nederlandse en Zuid-Afrikaanse ontslagrecht : met als deelonderwerp, retrenchment
(Stellenbosch : Stellenbosch University, 1992-11)ENGLISH ABSTRACT: The central concern of this thesis is retrenchment. It begins with an overview of the law concerning dismissal whereafter the general position relating to retrenchment and the guidelines of the ... -
Die objek van outeursreg
(Stellenbosch : Stellenbosch University, 1989-03)ENGLISH ABSTRACT: English abstract not available -
The trade, development and cooperation agreement between the Republic of South Africa and the European Union : an analysis with special regard to the negotiating process, the contents of the agreement, the applicability of WTO law and the Port and Sherry Agreement
(Stellenbosch : Stellenbosch University, 2001-12)ENGLISH ABSTRACT: This thesis deals with the Trade, Development and Cooperation Agreement (TDCA) between the European Union and the Republic of South Africa, which was concluded in October 1999. In particular, the ... -
Vereniging van die koopreg : kontraksluiting in 'n historiese, regsvergelykende en internasionale perspektief
(Stellenbosch : Stellenbosch University, 2000-12)ENGLISH ABSTRACT: International trade has increased tremendously in the last few decades. When parties to a contract find themselves in different countries and each has its own legal background, specific problems originate ... -
The role of implicit contract terms as a determinant of contractual consequences
(Stellenbosch : Stellenbosch University, 2005-12)ENGLISH ABSTRACT: It is clear that the classical concept of contract suffers from weaknesses because it takes too little account of social and economic changes that have occurred in our highly competitive global climate. ... -
Control of mergers between newspaper enterprises under South African and German competition law
(Stellenbosch : Stellenbosch University, 2005-12)ENGLISH ABSTRACT: This thesis compares South African and German Competition Law. The focus is the control of mergers between newspaper enterprises. It has to be asked whether special rules should apply to transactions ... -
n Teoretiese en praktiese ondersoek na 'n betroubare en toepaslike boedelbeplanningsmodel
(Stellenbosch : Stellenbosch University, 2004-12)ENGLISH ABSTRACT: This study deals with a theoretical and practical investigation of the subject discipline of estate planning in order to identify a reliable and appropriate estate planning model. For purposes of this ... -
An assessment of the South African law governing breach of contract : a consideration of the relationship between the classification of breach and the resultant remedies
(Stellenbosch : Stellenbosch University, 2004-04)ENGLISH ABSTRACT: The South African system of breach of contract recognizes several distinct forms of breach. each encompassing its own set of requirements. Before one is able to determine the outcome and accordingly ...
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