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.
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Showing 1 to 13 of 13 for “"Roman dutch law"”.
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The impact of material non-disclosure and misrepresentation in South African insurance law : a comparative study
… parties to the insurance contract of the common law right to cancel the policy on the ground of misrepresentation, unless such misrepresentation is material. Both Acts did not define what is material and to what extent does the parties have to disclose during negotiation stages. Our courts depend …
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Admiralty law in South Africa: section 6 of the Admiralty Jurisdiction Act - an analysis, comparison and case law examination
Under South African Admiralty law the Courts are to apply two different systems of law depending upon whether the matter could have been heard under the old jurisdiction held by the Colonial Courts of Admiralty as at 1890. If the matter does involve this old jurisdiction then English law as it was …
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Modern shipping law in South Africa - can Section 6 of the Admiralty Jurisdiction Regulation Act be discarded with impunity? - a comparative study
There is no area of the law which cannot be improved by being re-thought from its first principles. Admiralty jurisdiction and procedure are no exceptions to this general rule; the antiquity of parts of English admiralty jurisdiction and procedure are such that re-thinking both by admiralty and …
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Legal representation at the commission for conciliation mediation and arbitration
… in South Africa as it was not recognized by the Roman Dutch Law in respect of administrative tribunals. This right was gradually introduced into administrative tribunals although exercisable only with the consent of all parties. The position was subsequently modified and the right can now only be …
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African customary law and its Impact on the rights of women : A study of South Africa and Lesotho
… forces that changed the trajectory of customary law in the legal systems of South Africa and Lesotho. The effect of this interruption positioned customary law as a secondary legal system, compared to Roman-Dutch Law and English common law, which both form South African and Lesotho common law. The …
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The regulation of work : whither the contract of employment? : an analysis of the suitability of the contract of employment to regulate the different forms of labour market participation by individual workers
… its historical evolution and the influence of Roman and Roman-Dutch law are overstated, and more recent developments, such as tax legislation, arguably had a greater influence on the dichotomising of labour law. The study of the South African world of work illustrates that modern work is …
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The liability in delict of judges for wrongs committed in the course of judicial proceedings : an historical analysis of the relative immunity of the South African judiciary
… attracted much attention in South African law: the civil liability of the judiciary for wrongs committed in the course of judicial proceedings. More particularly, the thesis examines to what extent a South African judicial officer may be held liable in delict for infringing the proprietary …
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Public trusteeship and water management: developing the South African concept of public trusteeship to improve management of water resources in the context of South African water law
… academic authors of modern trusteeship with the Roman and Roman-Dutch law classifications of res publicae. Alternatively, the public trust doctrine has been used as a comparator for evaluating the functioning of trusteeship. However, there are numerous problems with both of these comparisons. …
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An analysis and critique of secured lending in South African law, including cession in securitatem debiti as a means to secure the repayment of loans for consumption
… thesis critiques South African secured lending laws by examining the contractual basis on which money is loaned and its repayment is secured, focusing on syndicated loans. The loan of money constitutes a loan for consumption in terms whereof the lender passes legal title to its money to the …
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The legal implications of customary law adoptions in South Africa
Customary law is an integral part of South African law. Various pieces of legislation were enacted under the Constitution , resulting in the statutory regulation of certain aspects of customary law. The primary rationale for doing so is improving women's and children's lives. However, the …
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The inherent review jurisdiction of the supreme court
… The origin of the remedy was sought first in the Roman-Dutch procedural law period at the Cape (1652 - 1834). This enquiry showed that the source of the remedy is not to be found in this period or in the Roman Dutch law. Thereafter the origin was sought during the English procedural law period …
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Towards a legal history of white women in the Transvaal, 1877-1899
… is accomplished by using legal sources like law reports, but also laws and resolutions. It is only once a detailed framework has been created that one can scrutinise court cases for issues surrounding white Transvaal women’s legal position, and agency. AFRIKAANS : Hierdie verhandeling skep …
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A consideration of certain aspects of standard form contracts and exemption clauses [Microfiche] : standard form contracts, the credit receiver's title to sue ex delicto in instalment sale transactions, the nature of a contract and exemption clauses, the burden proof and exemption clauses
… judicial control are that until a body of case law develops uncertainty may arise, and many judges are reluctant to become involved in the morality of contracts. The advantage of judicial control is that general powers provide flexible remedies applicable to a wide range of problems. It is …