Browsing Masters Degrees (Mercantile Law) by Title
Now showing items 1-20 of 28
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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 ... -
Comparison of post-employment restraints in South Africa, England and Germany
(Stellenbosch : Stellenbosch University, 2003-12)ENGLISH ABSTRACT: This dissertation deals with restraints in post-employment cases in England, South Africa and Germany. The attempt was made to compare the restraint of trade doctrine that was developed in England and ... -
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 ... -
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. ... -
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 ... -
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 ... -
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) ... -
Geslag en Regstellende Aksie in die Werkplek
(Stellenbosch : University of Stellenbosch, 2005-03)The concept of affirmative action, in contrast to discrimination, does not have a universal uniform meaning. On the one hand affirmative action can be seen as an attempt to promote equal opportunities for individuals or ... -
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. ... -
Korporatiewe bestuur en die demografiese profiel van nie-uitvoerende maatskappydirekteure in Suid-Afrika
(Stellenbosch : University of Stellenbosch, 2007-03)The collapse of Enron, WorldCom and other companies and the worldwide adoption of codes of good corporate governance have highlighted the poor standard of corporate governance systems and brought about big changes in this ... -
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 ... -
The legal regulation of corporate governance with reference to international trends
(Stellenbosch : University of Stellenbosch, 2005-12)Corporate governance is defined as the system by which companies are managed and controlled. The concept came to the fore with the Cadbury Report in England in 1992 and has since been the topic of much academic discussion. ... -
The legal regulation of the external company auditor in Post-Enron South Africa
(Stellenbosch : University of Stellenbosch, 2009-03)The worldwide increase of corporate failures on the scale of Enron and WorldCom has sparked a renewed international trend of corporate governance review. With the external company auditor blamed at least in part for many ... -
The legal risks associated with trading in derivatives in a merchant bank
(Stellenbosch : University of Stellenbosch, 2006-03)The research defines derivatives as private contracts, with future rights and obligations imposed on all parties, used to hedge or transfer risk, which derives value from an underlying asset price or index, which asset ... -
The meaning of public purpose and public interest in Section 25 of the Constitution
(Stellenbosch : University of Stellenbosch, 2009-12)ENGLISH ABSTRACT: This thesis discusses the meaning of public purpose and public interest in s 25 of the Final Constitution. The main question that is asked is: how does ‘public purpose’ differ from ‘public interest’, ... -
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 ... -
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 ... -
Die objek van outeursreg
(Stellenbosch : Stellenbosch University, 1989-03)ENGLISH ABSTRACT: English abstract not available -
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. ...
