Browsing by Subject "Legal uncertainty"
Now showing items 1-2 of 2
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Anomalies in the recognition of the legal personality of trusts in South Africa
(North-West University (South Africa), 2021)This study examines anomalies in the legal classification of trusts in South African law. Whereas the Trust Property Control Act 57 of 1988 and judicial decisions recognise trusts as mere arrangements in which trustees ... -
Yet another call for a greater role for good faith in the South African law of contract: Can we banish the law of the jungle, while avoiding the elephant in the room?
(2013)This article examines the current approach of the South African courts to the role of good faith or bona fides in contracts, as well as the courts’ stated reasons for this approach. The article specifically examines how ...