The system will be unavailable for updates from 12:30 on Tuesday 23 May to prepare for the upgrade of the software platform.
Doctoral Degrees (Mercantile Law)
Recent Submissions
-
The impact of the legislative regulation of individual educator performance on the delivery of quality basic education
(Stellenbosch : Stellenbosch University, 2022-03)ENGLISH ABSTRACT: The study was motivated by three factors. First, the critical importance of education for each individual and our society as a whole. Secondly, the poor state of basic education in South Africa. Thirdly, ... -
Abuse of dominance and the Internet : an assessment of the South African Regulatory Framework
(Stellenbosch : Stellenbosch University, 2021-12)ENGLISH ABSTRACT: While electronic commerce in South Africa is still comparatively small, it is growing rapidly. The advent of the internet has potentially fundamental impacts on business and the law both locally and ... -
The legal nature of debt securities in South African law
(Stellenbosch : Stellenbosch University, 2021-03)ENGLISH ABSTRACT: The problem statement of this thesis is ascertaining the legal nature of debt securities in furtherance of a consistent and coherent legal description of the South African positive law as it relates ... -
Historical and comparative perspectives on trade union regulation with specific emphasis on the accountability of trade unions to their members
(Stellenbosch : Stellenbosch University, 2020-12)ENGLISH ABSTRACT: How do members hold their own trade unions accountable in South Africa? What legal mechanisms, if any, are available to assist union members in receiving adequate representation and service from their ... -
Decompilation and copyright in ideas - the protection of non-literal elements of computer software and the idea/expression dichotomy
(Stellenbosch : Stellenbosch University, 2020-12)ENGLISH ABSTRACT: The maxim, that copyright law does not protect ideas, is frequently challenged when the established principles are tested against new forms of expression or exploitation of a work. The evolution of computer ... -
State aid to state owned enterprises in South Africa : the need for a comprehensive State aid policy : a competition law inquiry
(Stellenbosch : Stellenbosch University, 2020-03)ENGLISH ABSTRACT: The Competition Act 89 of 1998 applies equally to all firms with regard to anti-competitive behaviour regardless whether it is privately or publicly owned. Therefore it applies to stateowned enterprises ... -
The contribution mediation can make in addressing economic crime in corporate and commercial relationships in South Africa
(Stellenbosch : Stellenbosch University, 2019-12)ENGLISH ABSTRACT: Economic crime is complex and costly. It is costly because it harms victims, both directly and indirectly, as well as the broader economy. The cost is not only financial, but also to confidence and trust ... -
Regulation of takeovers and mergers with an emphasis on the mandatory offer rule: a comparative and critical analysis of the law and the institutions that have been set up to enforce the law
(Stellenbosch : Stellenbosch University, 2019-04)ENGLISH ABSTRACT :This dissertation assesses the regulation of takeovers and mergers and the institutions created to enforce the law, from a comparative perspective. It uses South Africa as its point of departure and ... -
Abuse of legal personality to avoid tax : piercing the corporate veil as remedy in case of the abuse of legal personality for tax purposes
(Stellenbosch : Stellenbosch University, 2019-04)ENGLISH ABSTRACT : Companies are legal persons and as much part of commercial traffic as the natural persons owning and controlling them. Compared to one another, companies and natural persons nevertheless have very ... -
The definitions of ‘inside information’ and ‘insider’ in the Financial Markets Act 19 of 2012
(Stellenbosch : Stellenbosch University, 2019-04)ENGLISH ABSTRACT : The definitions of ‘insider’ and ‘inside information’ in the Financial Markets Act 19 of 2012 are, as is the case with their international counterparts, central to the Act’s regulation of insider trading. ... -
The integration of work and parenting: a comparative legal analysis
(Stellenbosch : Stellenbosch University, 2018-03)ENGLISH ABSTRACT : Given the importance of parental care to children, parents and broader society and the apparent conflict between work and adequate parental care, this study evaluates the legal facilitation of the ... -
A critical analysis of the legal environment in respect of the private equity industry in South Africa
(Stellenbosch : Stellenbosch University, 2018-03)ENGLISH ABSTRACT : This dissertation aims to answer a fundamental question relating to the South African legal and economic framework in which private equity operates. This being: To what extent does the law address/regulate ... -
The impact of climate change law on the principle of state sovereignty over natural resources
(Stellenbosch : Stellenbosch University, 2017-03)ENGLISH ABSTRACT : This dissertation serves to expand the means within international law by which to address the global interdisciplinary crisis that is climate change. The principle of sovereignty over natural resources ... -
A South African perspective on some critical issues regarding the OECD model tax convention on income and on capital, with special emphasis on its application to trusts
(Stellenbosch : Stellenbosch University, 2014-12)ENGLISH ABSTRACT: Trusts are used for a variety of purposes, both in South Africa and abroad. Like so many other entities, trusts often do not function only in one jurisdiction and may therefore be exposed to international ... -
Harmonising the law of sale in the Southern African Development Community (SADC) : an analysis of selected models
(Stellenbosch : Stellenbosch University, 2014-04)ENGLISH ABSTRACT: It is generally recognised that diversity of laws may act as a barrier to the development of trade, both at international and regional level. In a globalised era, trade is necessary for economic development ... -
Substantive equality, affirmative action and the alleviation of poverty in South Africa : a socio-legal inquiry
(Stellenbosch : Stellenbosch University, 2014-04)ENGLISH ABSTRACT: Substantive equality is a constitutional imperative, hence the need for strategies that attempt to realise it for the sake of genuine social reconstruction. The principle of equality runs through all other ... -
Copyright : rebalancing the public and private interests in the areas of education and research
(Stellenbosch : Stellenbosch University, 2013-12)The general public should have wide access to copyrighted materials for education and research. However, since the current copyright law system subtly favors copyright holders, it is time to re-evaluate copyright law to ... -
A comparative study of law and practice of arbitration in Kenya, Nigeria and Zimbabwe, with particular reference to current problems in Kenya
(Stellenbosch : Stellenbosch University, 2013-03)ENGLISH ABSTRACT: Arbitration as a mode of dispute settlement has been growing steadily all over the world. The momentum for commercial arbitration in particular was provided by the 1985 UNCITRAL Model Law on International ... -
Open-source software and the rationale for copyright protection of computer programs
(Stellenbosch : Stellenbosch University, 2013-03)ENGLISH ABSTRACT: The rationale for the legal protection of copyright works is based on the perceived need to encourage the creation of works which are considered to be socially beneficial. By awarding authors proprietary ... -
A comparative legal study of the dilution of registered trade marks in selected jurisdictions to further the development of the remedy in South African law
(Stellenbosch : Stellenbosch University, 2005-12)ENGLISH ABSTRACT: Trade marks are among the most valuable commodities of the modern business world. Adequate protection for trade marks to prevent the misappropriation of their incredible marketing power is therefore ...
RSS 1.0