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 12 of 12 for “"South african legal system"”.
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The requirements and consequences of sections 17 (5) and 23 (5) of the Matrimonial Property Act 88 of 1984: a comparative scrutiny for the South African legal system
… Act 88 of 1984. The comparison centres on the legal situation in South Africa, Germany and Switzerland. References, however, will also be made to other countries such as England, Scotland, France, Belgium, Spain, Sweden, Austria and Poland. Sections 17 (5) and 23 (5) of the Matrimonial Property …
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Veil Piercing - A Necessary evil? A critical study on the doctrines of limited liability and piercing the corporate veil
… its application in many jurisdictions, including South Africa, has proved to be problematic. The question that arises for consideration is whether the difficulties associated with piercing the corporate veil outweigh the obvious benefits of its existence. Put another way, does the doctrine, with …
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Alternative dispute resolution in Intellectual Property Law: a growing need for a viable alternative to court litigation
… property disputes is much needed in modern legal systems. IP court litigation has become expensive, time consuming, and poor decision making has led to unpredictable and inconsistent results. This paper explores the possibility of using alternative methods, such as mediation and arbitration, …
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Criminalising illicit enrichment to combat economic crime in South Africa
Prosecuting corrupt public officials in South Africa is a difficult task, in part because they gain enormous fortune from their access to public monies. Because of their powerful positions, their wealth has reached unparalleled levels. However, a significant amount of their wealth and assets …
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An assessment of South Africa's obligations under the United Nations Convention against torture
I attempt to analyze South Africa's legal position pertaining to torture, in relation to the international legal framework. Since it has been established that torture and cruel inhuman and degrading treatment (CIDT) usually occur in situations where persons are deprived of personal liberty, I …
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The effect of land expropriation without compensation on mortgagees
… is an old notion that has been in the South African legal system. The colonial history of South Africa must be considered to better understanding of the origin of this phenomenon. Through colonial and apartheid governments, most whites were able to gain exclusive use of the majority of …
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Restraints of trade agreements revisted: the law and recent developments
… prima facie unenforceable was rejected under the South African legal system, as it was not consistent with the leading contractual law principles, from this the principle that restraint agreements are prima facie enforceable until the party seeking to escape the agreement shows that the agreement …
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Protecting employees living with HIV/AIDS in the workplace: a comparative study
… takes its focus from the plight of millions of South Africans living with HIV/AIDS. The disease predominantly affects adults of a working age resulting in direct impact on the workforce. Protecting the HIV/AIDS positive worker is crucial to ensuring a harmonious working environment, limiting new …
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The role of an effective grievance procedure in creating tolerable employment in the South African Police Services
In many instances, the South African Constitution is been seen as the most advanced constitutions in the world. Section 196(4)(f)(ii) of the Constitution has made provision for the Public Service Commission(PSC) to investigate grievances of employees in the Public Services and furthermore to …
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The suitability of the South African corporate tax regime for the use of South African resident intermediary holding companies
… This thesis analyses the suitability of the South African corporate tax regime for the use of South African-resident Intermediary Holding Companies. The South African government has the objective of promoting South Africa as a gateway for investment in Africa and for this reason the present …
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Good faith and fair dealing in international commercial contracts : a quest for uniformity in application
… good faith and fair dealing notion into various legal systems and its implementation and enforcement thereof will be looked into, an attempt will be made to determine the main reasons why some states refuse to adopt the doctrine, and whether adoption of the doctrine in such states would make a …
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A Training programme for intermediaries for the child witness in South African Courts
… based training program for intermediaries in South African courts in order to improve the intermediary’s knowledge and understanding of the role and duties of an intermediary. The motivation for this study had its origin in the fact that the adversarial nature of court proceedings is a major …