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 29 for “"Foreign law"”.
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The effective and proper exercise of appraisal rights under the South African Companies Act, 2008 : developing a strategic approach through a study of comparable foreign law
… which was introduced into South African company law for the first time by section 164 of the Companies Act 71 of 2008 ('the South African Act'), should be interpreted and applied in order to facilitate its effective and proper exercise. When the draft version of the South African Act was …
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Limitation clauses reducing or excluding liability
… of limitation clauses under both Maltese law and foreign law. Lack of uniformity in both local and foreign law highlights the importance of court judgments on the matter. Since previous studies on the area are minimal, this research project strives to pinpoint similar grounds of validity …
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Attacking and Rewarding State Supreme Courts, The Causes of Court Targeting Legislation in U.S. States
… type of court curbing legislation, anti-foreign law legislation.
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Hate speech under the South African Constitution: How should South African Courts interpret ‘incitement to cause harm'
… consider international and (c) may consider foreign law”. First, I examine the role of international law in the interpretation of incitement to cause harm as required by section 39(1)(b) of the Constitution. This exercise involves an examination of international conventions relevant to …
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Hisse senedine dönüştürülebilir tahviller
… Commercial Code (Nr: 6102), Capital Market Law (Nr: 6362) and Communiqué on the Principles Regarding Board Registration and Sale of Debt Securities (Series:II Nr:22).In this study, CBs are examined within the framework of aforementioned regulations with different aspects in three chapters. …
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The status and responsibilities of the liquidator in company law
… the off ice of the liquidator under local and foreign legislations. In addition the thesis also effects an examination of the reforms proposed by the Companies Bill. Since, it was felt that the liquidator's functions could only be properly understood if one knew what a winding up procedure …
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An analysis of Section 11 of the Constitution and 'Stransham-Ford v Minister of Justice': are people permitted to waive the right to life?
… of Appeal. This thesis assesses applicable case law and engages the relevant secondary sources of literature to determine if there is a pathway for the legalisation of active euthanasia in South Africa. Furthermore, this thesis conducts a section 36 general limitations examination of the key …
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Netiesioginės darbdavio atsakomybės taikymo problemos /
… of this doctrine in legal theory and case-law, creates the need to provide a detailed analysis. Despite the fact that indirect liability of employer is characterized by specific features, it is a part of tort law system as well. So the study firstly examines the main aspects of tort law. …
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The right to freedom of expression of the media and the right to confidentiality in the asylum-seeking context – a balancing of opposing rights
… revised section and the dearth of domestic case law and academic opinion on this issue, this research aims to formulate an understanding of the importance of free expression in the context of asylum proceedings in order to guide the Refugee Appeals Authority in exercising its new discretion. This …
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A More Global Court? Judicial Transnationalism and the U.S. Supreme Court
… science data, public opinion and, most recently, laws and standards of decency from abroad. Although several of those currently on the bench maintain that foreign laws have no place in American constitutional adjudication, the larger universe in which their institution operates has become …
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Sustainable use and the laws regulating trade in threatened species in South Africa: lessons from the USA
… use and its passage through time in 'soft' law and consequent adoption by international law and Conventions, including those to which South Africa is a party. The latter includes the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and the Convention on …
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An assessment of public participation in KwaZulu-Natal legislature in compliance with the constitution of the Republic of South Africa, 1996.
… the voices and will of community members in the law-making process. Meanwhile, the legitimacy of the statutes enacted by the government has been challenged in numerous occasions because of flawed public participation processes. Wherefore public participation in the law making process becomes a …
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‘When is dismissal an appropriate sanction for misconduct? and who has the last say?’
… dissent as to the approach consistent with our law. This dissent, as shall be shown in this thesis, has led to our courts contradicting themselves as to the test consistent with the law.There will be a critical discussion on the source of the reasonable employer test and its application in South …
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The Limits to Appearance Autonomy in the Workplace: An Assessment of the Law and Recommendations for Reform in South Africa
… explores, through the lens of antidiscrimination law, the extent to which employers can regulate employees' appearance and the limitations that this may impose on an employee's personal autonomy. Furthermore, the thesis considers the constitutional right to privacy, as well as freedom of …
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Piercing of the corporate veil in terms of Gore: Section 20(9) of the new Companies Act 17 of 2008
… examine the historical development of the common law doctrine of piercing the corporate veil, its status and the concerns raised against the rule. In light of the fact that veil piercing erodes the limited liability of a company, it is necessary to appreciate both the relevance and the …
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Share buybacks
… happened in the United States, but especially lawyers and politicians of other countries always emphasised the risks of share repurchases. They stuck to their prohibitions, and did not think about reformations until very recently. Nowadays it seems that changing the regulations about share …
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Constitutional Compacts and Judicial Review in Spain, South Korea and Colombia: a Comparative Approach
In the last quarter of the twentieth century Spain, South Korea, and Colombia were immersed under specific circumstances of institutional crisis. At these three countries, society and leaders combined undertook the task to solve said crisis. Part of the foreseen solution involved, in general, the …
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A Comparative Study on Privatization and Public-Private Partnerships in the United States and China
… in the United 2 States results from relevant laws and regulations enacted on privatization. Although some of the laws and regulations on privatization in the United States have strong national character, they still have the meaning of guiding for China. Because China is at the initiative stage …
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Tort and Contract Remedies in Islamic law: A Comparative Study with Anglo-American Law
… primarily on the available remedies in Islamic law for torts and contracts breach. The dissertation covers damages, restitution, coercive remedies, and declaratory remedies in Islamic law and compares them to Anglo-American Law. This dissertation will attempt to synthesize the remedies …
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The Class Action Mechanisms Across the Pacific: The Missions of Class Action Mechanisms in the U.S., China and Taiwan
… been a prominent feature of U.S. civil procedure law. However, with the increase in collective or mass conflicts inherent in modern industrialized society, Mainland China and Taiwan have begun to deal with the pressing need for solving class disputes. Scholars have been disputing whether class …
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