Search
Now showing items 1-10 of 10
Tenure security under the Communal Property Associations Act 28 of 1996 : an analysis of establishment and management procedures with comparative reference to the Sectional Titles Act 95 of 1986
(Stellenbosch : University of Stellenbosch, 2011-03)
ENGLISH ABSTRACT: This thesis discusses the efficacy of procedures involving communal participation in the management of land by communal property associations, and how this contributes to the promotion of security of ...
Self-help remedies in the context of construction law in a comparative perspective
(Stellenbosch : Stellenbosch University, 2019-04)
ENGLISH ABSTRACT : This thesis examines the recognition of and resort to practical self-help remedies to
ensure compliance with a construction contract by the parties - this is a consistent
feature of construction law, ...
Zur Frage, inwieweit der südafrikanische Sectional Titles Act aus der neu verabschiedeten WEG-Novelle in Deutschland Nutzen ziehen kann
(Stellenbosch : University of Stellenbosch, 2010-03)
ENGLISH ABSTRACT: The most important innovations of the revised German Wohnunungseigentumsgesetz which
came into force on 1 July of 2007, concern the possiblity to amend parts of the constitution of
the scheme ...
Set-Off in South African Law : challenges and opportunities
(Stellenbosch : Stellenbosch University, 2016-03)
ENGLISH ABSTRACT : This study focuses on the principles surrounding the operation of set-off in South African law. It is evident that no uniform answer exists to the question of how set-off operates: it either operates ...
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 ...
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” ...
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 ...
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 ...
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 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, ...