Masters Degrees (Private Law): Recent submissions
Now showing items 1-20 of 28
-
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 ... -
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 ... -
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. -
Ubuntu in a land reform context : opportunities and challenges
(Stellenbosch : Stellenbosch University, 2021-03)Thesis (LLM)--Stellenbosch University, 2021. -
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 ... -
A right to legal gender recognition for transgender children in South Africa
(Stellenbosch : Stellenbosch University, 2020-03)ENGLISH ABSTRACT: The term gender identity can be defined as referring to each person’s deeply felt internal experience of their gender, which may or may not correspond to the sex documented at birth. The mismatch between ... -
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 ... -
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. ... -
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, ... -
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” ... -
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 ... -
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 ... -
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 ... -
‘n Teoretiese en praktiese ondersoek na ‘n betroubare en toepaslike boedelbeplanningsmodel
(Stellenbosch : University of Stellenbosch, 2004-12)AFRIKAANSE OPSOMMING : Hierdie studie handel oor ‘n teoretiese en praktiese ondersoek van die vakdissipline boedelbeplanning met die oog daarop om ‘n betroubare en toepaslike boedelbeplanningsmodel te identifiseer. Die ... -
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 ... -
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 ... -
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 ... -
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 ... -
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 ...
