Browsing Faculty of Law by Title
Now showing items 118-137 of 385
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The effect of the original acquisition of ownership of immovable property on existing limited real rights
(2015)It is an accepted principle in South African law that movable property acquired in an original way (by operation of law) is not burdened by any limited real rights, as previous limited real rights are extinguished on the ... -
Energy efficiency and the law: a multidisciplinary approach
(ASSAf, 2015)South Africa is an energy-intensive country. The inefficient use of, mostly, coal-generated energy is the cause of South Africa’s per capita contribution to greenhouse gas emissions, pollution and environmental degradation ... -
Engagement of prosecutors not in the employ of the National Prosecuting Authority
(University of the Free State, 2016)This article focuses on the engagement of prosecutors not in the employ of the National Prosecuting Authority (NPA) to prosecute certain cases. Such prosecutors are appointed in terms of section 38 of the National Prosecuting ... -
Enkele opmerkings oor bankrot munisipaliteite
(2015)The insolvency of municipalities is no longer a rare incident; it is a reality. It is interesting to note that even in the United States of America the insolvency of municipalities is currently an equally serious concern. ... -
Enkele relevante aspekte ten opsigte van risiko's waar maatskappye aanspreeklik is vir omgewingsbenadeling
(Juta Law, 2012)With regard to environmental harm and the liability for damages caused thereby, various risks emerge. The first risk is liability itself, and, for any person or entity that operates a business where the environment is to ... -
Environmental justice and slow violence: Marikana and the post-apartheid South African mining industry in context
(Nomos Verlagsgesellschaft mbH & Co., 2016)South Africa has come a long way since the constitutional revolution that swept the country in the early 1990s. The Constitution of the Republic of South Africa, 1996 introduced and continues to drive far-reaching changes ... -
European and American perspectives on the choice of law regarding cross-border insolvencies of multinational corporations: suggestions for South Africa
(NWU, 2012)An increase in economic globalisation and international trade has amounted to an increase in the number of multinational enterprises that have debt, own assets and conduct business in various jurisdictions around the ... -
Evaluating the United Kingdom's employee shareholder status provisions in context of the South African position
(LexisNexis Butterworths, 2015)The purpose of this article is to evaluate the introduction of the notion of the employee shareholder in the United Kingdom in the context of the labour and corporate law framework in South Africa. It provides the backdrop ... -
Evaluering van regstellende aksie in konteks van moontlike onbillike diskriminasie teen subgroepe binne die aangewese groep
(2015)The implementation of affirmative action measures can give rise to unfair discrimination. In cases where members of the “designated groups” compete with one another for the same position, there can be allegations of unfair ... -
Eviction in the rental housing sector in South Africa
(Nelson R Mandela - School Of Law, 2016) -
Factors justifying forfeiture or patrimonial benefits orders: Molapo vs Molapo
(SABINET -SA ePublications, 2015)Marriage in community of property carries major implications for ownership of the parties' assets, liability for their debts as well as their capacity to enter into legal transactions (Tomlin v London and Lancashire Insurance ... -
A few comments on the (possible) revival of the customary law rule of male primogeniture : can the common-law principle of freedom of testation come to its rescue?
(Juta, 2014)The customary law rule of male primogeniture has been declared unconstitutional and invalid, and legal sources of the common law of succession have been tailored to provide for the devolution of estates which were formerly ... -
Fiat lux! Deriving a right to energy from the African Charter on Human and People's Rights
(Juta Law Publishing, 2013)The African continent is plagued by energy poverty, which refers to the lack of access to electricity and a reliance on traditional biomass for cooking. The linkage between access to modern energy services and development ... -
Finding property in new places – property in cyber and outer space
(2015)The fields of virtual property and property in space are both new areas of property law that could not have been envisaged a hundred years ago. In both of these new fields, things and other objects of property are located ... -
Fragmentation revisited in the context of global environmental law and governance
(Juta, 2014)This article argues that because of environmental law's usual focus on the fragmentation of international environmental law and international environmental governance, we have been missing out on an opportunity to consider ... -
Fragmentation: Friend or foe in the effective implementation of the Cultural Diversity Convention in South Africa?
(VerLoren van Themaat Centre for Public Law Studies (UNISA), 2009)It seems as if South Africa has never been as energetically involved in the international law-making arena as she was in the making of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural ... -
A Fresh Perspective on Historical Sexual Abuse: The Case of Hewitt v S 2017 1 SACR 309 (SCA)
(2017-12-18)Sexual crimes continues to be a scourge in our society. It is therefore not surprising that the prevention and criminalisation of sexual crimes in South Africa has received a large amount of attention over the last few ...