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 193 for “"Private Law"”.
-
Comparative private law 1998 Dale Hutchison, UCT
In any major building project many parties are involved, and the various contractual and other legal relationships become complex and require careful analysis. 1 The legal rights and obligations of the building parties like the employer2; the main contractor3; the sub-contractors; the architect; …
-
Companies in Private Law: Attributing Acts and Knowledge
This thesis is about corporate attribution in private law. Unlike human persons, companies are artificial legal persons. They lack a physical body with which to act, and a mind with which to think. English law therefore developed the concept of attribution so that legal rules could be applied to …
-
Deus ex Machina: Legal Fictions in Private Law
This PhD dissertation is about legal fictions in private law. A legal fiction, broadly, is a false assumption knowingly relied upon by the courts. The main aim of the dissertation is to formulate a test for which fictions should be accepted and which rejected. Subsidiary aims include a better …
-
Private Law, Public Right and the Duty to Rescue
This thesis explores the normative framework of private law from the standpoint of corrective justice. After identifying problems in the classic model of Kantian corrective justice, it argues that these difficulties can be remedied by modifying the heavy reliance of corrective justice upon Kantian …
-
The liability of public authorities within the public law / private law distinction
… authority's within the context of the public law/private law distinction, with particular reference to the law of tort. As an adjunct to the main study, an analogy is drawn throughout to the position in French law, Research identified a number of issues (noted below) which are relevant to a …
-
Comparative private law: online defamation and service provider liability- a comparative study
"The Internet is a unique and wholly new medium of world-wide human communication." 1 It enables people to communicate with one another with unprecedented speed and efficiency and is rapidly revolutionising how people share and receive information. From the time when the first vacuum tube computers …
-
Inheritance and redistribution: exploring the constitutional commitment towards redistribution in the private law of succession
… of property at death is a basic function of the law of succession. In the systems that recognise testamentary freedom (including South Africa), the right to distribute property after death is considered as a natural extension of the entitlements that an owner enjoys while alive. Testamentary …
-
The Constitutional Rebuilding of the South African Private Law: A Choice Between Judicial and Legislative Law-Making
A tension arises whenever the South African private law fails to meet constitutional right norms. To remedy a deficiency, two law-making options are available. The first is for the judiciary to develop or change private law principles and rules in order to provide protection for the implicated …
-
The developing doctrine of legitimate or reasonable expectations in the public and private law of England and Australia.
… expectations has developed in the common law of England and Australia. The examination aims to show the role of expectations in the modern re-balancing of interests between the citizen and the Crown or government. The concept of expectations is examined both as it has developed into a …
-
The Limits of Laissez-Faire: Free Competition, Freedom of Contract, and Other-Regard as a Competing Principle of Commercial Private Law
… that parts of contract, tort and fiduciary law already implicitly recognize an underlying principle of other-regard. This principle functions at the same level as laissez-faire, offering a safeguard against human irrationality that protects self-interest in a way that would be impossible …
-
Open access research publications and South African institutional repositories (IRS) in the context of Private Law and practices : an interdisciplinary study
… combining library and information science with Private Law. By making use of a social-legal approach the focus is on the legal challenges institutional repository managers face in managing online, publicly accessible platforms in a legally compliant manner. The global flow of information through …
-
A comparative study of the fundamental juridical nature, classification and private law enforcement of jurisdiction and choice of law agreements in the English Common Law of Conflict of Laws, the European Union Private International Law Regime and the Hague Convention on Choice of Court Agreements
… to think of jurisdiction and choice of law agreements as unilaterally enforced domestic private law obligations within an English 'dispute resolution' paradigm because multilateral private international law rules are essentially secondary rules for the allocation of regulatory authority …
-
The prevention of unconscionable abuse of the separate personality of the company through corporate governance, business ethics and ubuntu
… transformative Constitution and the canons of private law which had been shaped, particularly through our Roman Dutch tradition and then adulterated by decades of apartheid. Ubuntu has been far less welcomed in the field of private law than public law.1 Davis affirms that Ubuntu and private law …
-
(Intellectual) Property Rights on Cryptocurrency A comparison between the legal situation in South Africa and Germany
… particular: Intellectual property rights and the private law understanding of property (which is usually on tangible things). At the beginning, I shed light on the technical background of cryptocurrencies and blockchain technology, explain the most important terms and present an example …
-
The Crown as fiduciary and the conflict of interest inherent in its use of Indian lands for public purposes.
… basis of the fiduciary relationship in private law, concluding that such a relationship arises whenever a person acquires a power or property subject to the condition that the power will be exercised, or the property used, to further the interests of another. The thesis then examines the …
-
Computer Crime as a Barrier to Electronic Commerce: New Solutions for Public Law Enforcement.
… growth pattern. The thesis critiques existing private law solutions to this problem and argues from a normative theory on “the commons” for the application of new public law enforcement solutions in the public trust, sanctions, and public coproduction of order. The thesis argues that given the …
-
The international collision regulations in the context of international law and the municipal law of the United Kingdom and of South Africa: a critical analysis
… the regulatory and preventative aspects of the law (in both the, international and municipal spheres) and not so much with private law aspects, in so far as the latter are concerned with the determination of rights and liabilities as between individuals. This is not to say that private law is …
-
Towards a new understanding of mineral tenure security : the demise of the property-law paradigm
… that it is likely that in regimes with a strong private-law character, private-law rules will be significant for providing mineral tenure security. Conversely, in regimes with a strong public-law character, it is likely that private-law rules will not be central to the provision of mineral tenure …
Page 1 of 10