Browsing Masters Degrees (Private Law) by Title
Now showing items 1-20 of 28
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An analysis of the rationale behind the inclusion of the genetic link requirement in surrogate motherhood agreements in the Children's Act 17 of 2005
(Stellenbosch : Stellenbosch University, 2018-03)ENGLISH ABSTRACT: This thesis seeks to analyse the rationale behind the inclusion of the genetic link requirement, contained in section 294 of the Children’s Act 38 of 2005 (“Children’s Act”) in surrogate motherhood ... -
Communal land and tenure security: analysis of the South African Communal Land Rights Act 11 of 2004
(Stellenbosch : University of Stellenbosch, 2009-12)ENGLISH ABSTRACT: In this thesis, the Communal Land Rights Act 11 0f 2004 is analysed in order to determine whether it can give effect to the constitutional mandate in terms of which it was promulgated, namely section ... -
A comparative analysis of the content of parental responsibilities and rights during the "sex alteration decisionmaking process" of intersexed infants
(Stellenbosch : Stellenbosch University, 2021-03)Thesis (LLM)--Stellenbosch University, 2021. -
A comparative study of black rural women's tenure security in South Africa and Namibia
(Stellenbosch : Stellenbosch University, 2012-12)ENGLISH ABSTRACT: The South African land question presents complex legal and social challenges. The legal aspects of land are inextricably linked to other socio-economic aspects, such as access to housing, healthcare, ... -
The consequences of contracts concluded by unassisted minors : a comparative evaluation
(Stellenbosch : Stellenbosch University, 2012-12)ENGLISH ABSTRACT: It is a general principle of the law of South Africa that an unassisted contract of a minor is unenforceable against the minor. Although it binds the other party, the minor is not bound. The minor will ... -
A critical analysis of the role of the developer in sectional title developments
(Juta Law, 2008-01)The introduction of sectional titles in South Africa has opened the door for developers to explore new opportunities in property development and to reap considerable profits in the expanded real estate market. Since ... -
Determining the consequences of illegal contracts
(Stellenbosch : Stellenbosch University, 2022-03)ENGLISH ABSTRACT: This thesis investigates the consequences of illegal contracts from a comparative perspective. Illegality usually raises two questions: to what extent may the contract still be enforced and under what ... -
The effect of the acquisition of parental responsibilities and rights on the realisation of the right to parental care of children born to unmarried parents
(Stellenbosch : Stellenbosch University, 2020-03)ENGLISH ABSTRACT: Section 28(1)(b) of the Constitution guarantees every child the right to parental care. It is this right that forms the basis of the research. The content of the right to parental care in South African ... -
Efficacy of the Spatial and Land Use Management Act in the promotion of spatial justice in an urban land reform context
(Stellenbosch : Stellenbosch University, 2020-03)ENGLISH ABSTRACT: The spatial legacy of colonialism and apartheid is clearly still intact. Problems of poverty and marginalisation are especially prevalent in informal settlements in South Africa, which showcase ... -
Einde van lewe besluite ten opsigte van defektiewe babas : 'n juridiese perspektief
(Stellenbosch : University of Stellenbosch, 2006.12)End of life decisions regarding defective babies raise several controversial questions. The root of the problem in withdrawing or withholding life-sustaining treatment from defective babies lies in the conflict between ... -
The fair price rule and the South African law of contract: A historical and comparative analysis
(Stellenbosch : Stellenbosch University, 2018-12)ENGLISH ABSTRACT: This thesis focuses on legal rules that allow a court to set aside or modify a contract on the basis of a large discrepancy in the value of the respective performances. These “fair price” or “just price” ... -
Fundamental change of circumstances and the principle of 'causa finalis'
(Stellenbosch : Stellenbosch University, 2001-12)ENGLISH ABSTRACT: On the basis of a comparative analysis of the case law in Germany, England and South Africa dealing with fundamental change of circumstances, it is submitted that the underlying principle of this problem ... -
The implementation of court orders in respect of socio-economic rights in South Africa
(Stellenbosch : Stellenbosch University, 2003-12)ENGLISH ABSTRACT: In recognition of the socio-economic imbalances inherited from the past and the abject poverty experienced by many, the people of South Africa adopted a Constitution fully committed to protecting ... -
Misrepresentation by non-disclosure in South African law
(Stellenbosch : Stellenbosch University, 2013-03)ENGLISH ABSTRACT: This thesis investigates the approach to non-disclosure as a form of misrepresentation in South African law. The primary focus is the question of liability, and whether parties should be able to claim ... -
Perspectives on the best interests of the child : developments in the interpretation and application of the principle in the South African law relating to custody
(Stellenbosch : Stellenbosch University, 2004-04)ENGLISH ABSTRACT: The Constitution of the Republic of South Africa entrenches the best interests of the child as being of paramount importance in all matters concerning the child. This commitment to the promotion of the ... -
Pre-contractual agreements
(Stellenbosch : Stellenbosch University, 2020-03)ENGLISH ABSTRACT: As modern commercial transactions become larger and more complex, business professionals have resorted to various instruments or agreements aimed at regulating and progressing the negotiation process. ... -
Price adaptation and the requirement of certainty with specific reference to the contract of sale
(Stellenbosch : Stellenbosch University, 1999-03)ENGLISH ABSTRACT: This study addresses the well-established principle of South African law that a price in a contract of sale must be certain or objectively ascertainable. The interpretation given to this principle by ... -
Realising children’s right to participation during the divorce proceedings of parents
(Stellenbosch : Stellenbosch University, 2021-12)ENGLISH ABSTRACT: To a child, the divorce of his or her parents is a traumatic and life-altering event. The divorce of parents and the proceedings related thereto have the potential to determine how various aspects of a ... -
Die regsaard van die kontraktuele verhouding tussen produsente en kooperasies betreffende die verpoeling van produkte
(Stellenbosch : Stellenbosch University, 2002-04)ENGLISH ABSTRACT: The use of co-operative pools in the South African Agricultural sector is a common phenomenon and an accepted commercial practice. Although it has seldom been at issue, the pool relationship between ... -
Remoteness and the limitation of contractual damages
(Stellenbosch : Stellenbosch University, 2016-12-07)ENGLISH ABSTRACT : This study explores remoteness of contractual damages in South African law. The manner in which South African contract law limits the extent of a plaintiff's recovery of damages caused by breach is ...
