PER: 2007 Volume 10 No 3
- The Enforcement of Socio-Economic Rights / De Beer, RJ & Vettori, S
- Threatened Biodiversity, the NEMA EIA Regulations and Cultivation of Virgin Land: More of the Sorry Same? / De Villiers, CC
- Matrimonial Property Regimes and Damages: The Far Reaches of the South African Constitution / Robinson, J
- Vertoon die Corpus Iuris Civilis Kenmerke van 'n Abstrakte Stelsel van Eiendomsoordrag? / Schutte, PJW
- Re-partnering as a Contingency Deduction in Claims for Loss of Support Comparing South African and Australian Law / Steynberg, L
The enforcement of socio-economic rights, the protection of biodiversity, inter-country adoptions, matrimonial property and Roman property law are the diverse, though highly engaging themes of this last issue of the year.
In their article focusing on the process of the implementation of socio-economic rights by means of court orders in South Africa, Advocate Renier de Beer of Johannesburg and Professor Stella Vettori of the University of Pretoria urge the courts to become more adventurous in their methods of enforcement of their orders.
Charl de Villiers of the Botanical Society of South Africa points out a weakness in the regulations concerning environmental impact assessment in South Africa in his/her article concerning biodiversity, especially regarding threatened Cape flora on small plots of virgin land.
In her contribution, Pat Moodley, director of the Department of Justice and Constitutional Development in KwaZulu-Natal, South Africa, addresses the difficulties attending "the contentious terrain that inter-country adoptions has become" with reference to the jurisprudence of the Supreme Court of Appeal and international legal norms.
Robbie Robinson, professor of law in Potchefstroom, points inter alia to the commercial implications of the South African matrimonial property regime as it is being developed judicially under the constitutional imperative of equality, which leads him to conclude that this is a problematic instance of the counter-majoritarian difficulty.
In his comprehensive consideration of the question whether the Corpus Iuris Civilis reveals characteristics of an abstract system of property transfer, Dr Flip Schutte of Potchefstroom traces the history of this matter via the romanist Savigny's work to conclude that, in Justinian Roman law, a real agreement composed of a reciprocal intention to transfer and receive ownership detached from the underlying agreement, did not exist.
Editor: Professor Francois Venter / Edition editor: me Anél du Plessis
(2007)In a claim for loss of support by the spouse of the deceased breadwinner, the claim will be influenced by the probable remarriage of the surviving spouse. In light of the recent extension of the traditional concept of ...
Re-partnering as a Contingency Deduction in Claims for Loss of Support Comparing South African and Australian Law (2007)In a claim for loss of support by the spouse of the deceased breadwinner, the claim will be influenced by the probable remarriage of the surviving spouse. In light of the recent extension of the traditional concept of ...
(2007)It is generally accepted that an abstract system for the transfer of property is applied in South Africa. Characteristic of an abstract system is that the different legal acts which form part of the process, namely the ...
(2007)Section 18(b) of the Matrimonial Property Act 88 of 1984 allows for non-patrimonial damages to be claimed by a spouse married in community of property against his/her spouse. In Van der Merwe v Road Accident Fund 2006 4 ...
Threatened Biodiversity, the NEMA EIA Regulations and Cultivation of Virgin Land: More of the Sorry Same? (2007)The environmental impact assessment (EIA) regulations published in terms of the National Environmental Management Act 107 of 1998 (NEMA) have extended an unprecedented degree of environmental oversight into the domain of ...
(2007)In recent years the South African legislature has made a very bold attempt to improve the socio-economic conditions of citizens. Amongst others, the Social Assistance Act 59 of 1992 provides for monthly payments to citizens ...