Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
Results
Showing 1 to 20 of 748 for “"Commercial law"”.
-
Legal stratagems (hiyal) and usury in Islamic commercial law
… as substitutes for philanthropy, and not in the commercial sector. The commercial sector relied on the Islamic prescriptions for equity investment partnerships which precluded the need for interest based loans. Although the jurists sanctioned the \(hiyal\) of \(ribā\) for the poor, they did so at …
-
The convergence of labour and commercial law: executive dismissals in contemporary South Africa
… African jurisprudence. For the past two decades lawyers have jousted in the CCMA, Labour Court and Labour Appeals Court on the question of whether or not a company director is an employee and subject to the protection from unfair dismissal contained in the LRA. This dissertation approaches the …
-
Norm evolution without the state : an examination of the unique nature of commercial law
… that because of its relatively unique nature, commercial law has the distinct ability to evolve and function in the absence of a central coercive authority. While law of a non-commercial nature generally requires the backing of a state through which to derive its efficacy, a great deal of …
-
INSTRUMENTS OF INTERNATIONAL COMMERCIAL HARMONISATION IN ENGLAND AND WALES: How ‘International’ is International Commercial Law?
… and Wales towards international instruments of commercial harmonisation. In doing so, the thesis has examined the approach of five main institutions and groups, who represent the structures and mechanisms responsible for the functioning and on-going development of international commercial law, …
-
Picking up the principles: An applied linguistic analysis of the legal problem genre
… distinct new genre that undergraduates studying law units need to achieve competence in. In order to delineate the general features of this genre, systemic functional linguistic (SFL) analyses were performed on a series of texts (a tutorial question, an assignment question, and an examination …
-
Mezinárodní obchodní mediace v kontextu Singapurské úmluvy o mediaci
International Commercial Mediation in the Context of the Singapore Convention Abstract The thesis deals with the topic of mediation in private international law, focusing on the enforceability of mediation agreements arising from international commercial disputes. The thesis is focused on the …
-
The role of Good Faith in South African Contract Law: a critical analysis of the Beadica Judgement
… the exact role that good faith plays in the law of contract for years now. Determining the proper operation and application of this principle has lent itself to many problems that have manifested in an inconsistent application of the principle of good faith and, therefore, a lack of …
-
The approach of the Supreme Court of Appeal to the interpretation of fiscal legislation and the (unintentional) demise of the contra fiscum principle
… of the contra fiscum principle in South African law.
-
Equality in higher education partnerships: defining the concept in divergent contexts
This thesis investigates how an appropriate theoretical framework for equal partnerships between universities in divergent contexts could be formulated, based on the principle of substantive equality. Literature has to date not addressed whether equality should be a principle underlying higher …
-
An examination of the law relating to inherent vice in marine insurance
It is proposed in this thesis to analyse the law relating to inherent vice in South Africa and in so doing to develop a range of tests for application in instances where the defence of inherent vice is pleaded as an exclusion.
-
Taxation of Offshore Indirect Transfers (OIT) in developing countries
In a world of globalized capital, individuals, companies, individuals, and nations, often benefit from investment opportunities in which capital is free to flow across borders and jurisdictions with limited restrictions. Foreign direct investment in developing nations is certainly one of the …
-
Polygraph testing in the workplace in South Africa : with reflections on the international labour organization standards, United States of America and Federal Republic of Germany
… are accepted as evidence in labour disputes. The law also permits polygraph testing in some parts of the public sector. This study analyzes the theoretical and scientific basis of polygraph testing in the employment context. It then investigates the legitimacy of such testing in terms of …
-
Economic empowerment through business loans - A critical look at credit protection law for small, micro and medium enterprises in South Africa and Australia
… I have undertaken a review of case law in South Africa to substantiate my view that the NCA inhibits sustainable growth of the South African economy. The decisions raise some important considerations, including problems caused by the concept of separate legal personality of juristic …
-
Multimodal transport in South Africa
… which involves inter alia carriage on deck. The law has had difficulty in accepting the weather deck of a ship as a legitimate place for the carriage of cargo.
-
Atypical workers: the quest for an inclusive workers protection regime
… been signalling a new era in terms of labour law requirements. Nowadays, employers prefer to use non-standard work arrangements to create a labour force that is flexible and more suited to meeting market demands, whereas employees may be attempting to create a more effective work-life balance …
-
Non-standard employment in South Africa: how have we adapted in the past five years post amendments related to non-standard employment?
Non-Standard employment in South Africa: How have we adapted in the past five years post the amendments related to non-standard employment? Chapter 1 This chapter introduces the research question. Chapter 2 Focus on legislative history pertaining to non-standard employment. Chapter 3 Review four …
-
Analysing the decline of the usage of the Lloyd's Open Form Agreement (LOF) for a vessel in distress at sea
The Lloyd's Open Form (LOF) standard form salvage contract emerged in the late 19th century and for about a century has, through its various revisions, been the most widely used international salvage contract worldwide. The latter part of the 20th century has seen a steady decline in its usage …
-
The Policy, Fiscal and Legal aspects relating to Oil Exploration in South Africa
This thesis is a textual analysis of the fiscal and legal aspects relating to the exploration and exploitation for oil and gas. The need for promotion of the exploration and exploitation of oil and gas and the fiscal and legal aspects relating thereto. The different types of legal agreements …
Page 1 of 38