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Showing 1 to 20 of 134 for “"South African Law"”.
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Tax implications for business rescues in South African Law
The South African Revenue Service has in the past had difficulty in applying debt forgiveness in cases of corporate and business rescues. Taxation legislation was drafted to counter innovative section 311 schemes of arrangements where the sole purpose was to obtain maximum taxations benefits in …
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'Extenuating circumstances' in the South African law of murder
… circumstances" was' introduced into the South African criminal law of murder. 1935 in _tile use of those two words alone. It was left to the course, without any further legislative aid, to provide the definition, structure, and development of the concept. Over the· period of more than …
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Negotiorum gestio in South African law : an historical and comparative analysis
… another, as it is developed and been applied in South African law. As appears from the tittle hereof, it is not merely a description of the relevant aspects of negotiorum gestio as applied in modern South African practice, but an historical and comparative analysis of an institution which has its …
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Outlining a right of access to sanitation in South African Law
… is rarely a deliberation in their minds. In South Africa's rural and peri-urban spaces there are many poor people for whom this is not the case. For these people the inadequacy of their access to sanitation compromises their health, safety and ability to live a dignified life. Without an …
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The role of good faith in the South African law of contract
In South Africa, courts and academia frequently refer to contracts as bonae fidei agreements. Often this term is invoked without further explanation or reflection on what the meaning of this term is. Upon closer inspection it seems that the phrase “bonae fidei has largely become devoid of any …
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The information needs of attorneys in a large South African law firm
… information needs of the attorneys in a large South African law firm. The survey research method was employed and a single survey conducted within a particular time-span. Two methods of data collection were employed, namely the analysis of documentary sources and questioning. A combination of …
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Risk as injury: an alternative interpretation of the South African law of defamation
… interpretation of the rules constituting the South African law of defamation. Defamation is typically understood to be a wrong in which the defendant has caused the plaintiff reputational harm. It is argued that it is more justifiable to view the wrong as a wrong of having increased the risk …
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Critical Analysis of Ex Post Facto Environmental Impact Assessment Authorisations in South African Law
… from the inception of the EIA regime in South African law to present. At the heart of the analysis is the question of whether, at different stages of the evolvement of the EIA regime, such authorisations are provided for in South African law, adequately or at all.
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Assessing the viability of implementing explicit mandatory corporate social responsibility regulation in South African law
… Patel, expressed how the COVID-19 pandemic in South Africa had caused a massive and rapid shock on the economy, and how the impact on gross domestic product (GDP) will be very significant with a projected recession, accompanied by big job losses and high levels of social hardship.
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The intersection between the Islamic law of inheritance and the South African law of succession
While Muslims constitute 2% of South Africa's population, they formed an integral part of the South Africa's socio-political and historical landscape for over 350 years. Despite their historical marginalisation, in post-apartheid South Africa there are still no legislative provisions recognising …
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Aspects of multi-party unjustified enrichment in South African law : a comparison with German law
In this thesis, aspects of the South African law of multi-party enrichment are compared with the equivalent rules of German law. Against the background of a general comparison of the German and South African law of unjustified enrichment, the following sets of factual circumstances are examined in …
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The Legal Classification of Cryptocurrency in South African Law: An Argument for Classification as Currency.
… way in which electronic transactions take place. South Africa is a strong emerging market with the potential to attract substantial investment in new technologies should its regulatory response to such innovation remain principled. The primary purpose of this dissertation is to investigate the …
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A critical analysis of the South African Law Commission's Report on Surrogate Motherhood (project 65: 1993)
Includes bibliographical references.
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The relevance of the doctrine of collation in the modern-day South African law of succession
… societal norms, the doctrine of collation in the Law of Succession mandates that a descendant heir who has received an inter vivos gift or advance from their parent must account for specific advances when they accept an inheritance. This doctrine appears to have held more weight during the …
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The civil liability of credit rating agencies in South African law: recent developments in comparative perspective
… financial actors are facing a global push by lawmakers to regulate their operations with, inter alia, the express aim of setting parameters for the liability ratings agencies should incur in the publication of ratings.
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A critical examination of South African law on civil liability for oil pollution damage from ships
Throughout the development of the International Law of the Sea there has been a conflict between the notion of the freedom of the seas and their rights that a coastal state may exercise over the seas adjacent to its territory. This conflict stems from the · coastal state wanting to exploit the …
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Holding multinational corporations accountable for human rights violations under International, African regional and South African Law
… This paper will critique existing measures South Africa has adopted and implemented to prevent MNCs from committing such harmful practices and to hold them accountable for violating the aforementioned rights. This will be done by focusing in particular on MNCs operating in the extractive …
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Suggested reasons for the failure of judicial management as a business rescue mechanism in South African law
In 1926, the South African Parliament introduced a procedure known as judicial management. It was housed in the Companies Act 46 of 1926 (hereafter Companies Act 1926). The purpose of judicial management was to enable a failing company to restructure thus providing an alternative to liquidation. …
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