The transfer of movables in the international commercial context – a comparison of German and South African law
- Authors: Lengyel, Martin
- Date: 2014-08-18
- Subjects: Commercial law - Germany , Commercial law - South Africa , Contracts (International law) , Property - Germany , Property - South Africa
- Type: Thesis
- Identifier: uj:12073 , http://hdl.handle.net/10210/11820
- Description: L.LM. (International Commercial Law) , Please refer to full text to view abstract
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- Authors: Lengyel, Martin
- Date: 2014-08-18
- Subjects: Commercial law - Germany , Commercial law - South Africa , Contracts (International law) , Property - Germany , Property - South Africa
- Type: Thesis
- Identifier: uj:12073 , http://hdl.handle.net/10210/11820
- Description: L.LM. (International Commercial Law) , Please refer to full text to view abstract
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The transfer of ownership of movables in the context of international contracts of sale with specific reference to reservation of title clauses : a comparative study
- Authors: Neibecker, Nadine
- Date: 2016
- Subjects: Transfer (Law) - South Africa , Transfer (Law) - Germany , Property - South Africa , Property - Germany , Contracts (International law) , Commercial law - South Africa , Commercial law - Germany
- Language: English
- Type: Masters (Thesis)
- Identifier: http://hdl.handle.net/10210/90522 , uj:19990
- Description: Abstract: Please refer to full text to view abstract , LL.M. (International Commercial Law)
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- Authors: Neibecker, Nadine
- Date: 2016
- Subjects: Transfer (Law) - South Africa , Transfer (Law) - Germany , Property - South Africa , Property - Germany , Contracts (International law) , Commercial law - South Africa , Commercial law - Germany
- Language: English
- Type: Masters (Thesis)
- Identifier: http://hdl.handle.net/10210/90522 , uj:19990
- Description: Abstract: Please refer to full text to view abstract , LL.M. (International Commercial Law)
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Contractual regulation : infusing the law of contract with constitutional values
- Authors: Ndlebe, Zithulele Fikile
- Date: 2017
- Subjects: Commercial law - South Africa , Contracts - South Africa
- Language: English
- Type: Masters (Thesis)
- Identifier: http://hdl.handle.net/10210/236579 , uj:24221
- Description: LL.M. (Commercial Law) , Abstract: The Constitution of the Republic of South Africa is the supreme law in the land. Thus, all law is subject to the Constitution and this inevitably includes the law of contract. The South African law of contract has been inherited from common law, namely Roman–Dutch law and has been applicable in South Africa to date. The Constitution states that the common law should be developed when it is not in line with the provisions of the Constitution. The values underpinning the Constitution are human dignity equality and freedom and these values must therefore be reflected in contractual relations. The common law principle of pacta sunt servanda, which means that agreements must be kept, at times this principle yields unjust and unreasonable results. The strict adherence to pacta sunt servanda has led to difficulties. The unenforceability of these contract terms has been shown in reported case law to stem from standard term contracts, unequal bargaining power and from persons who contract out of necessity. This dissertation concludes that South African law of contract and the current legal treatment of balancing contract law with constitutional values is unsatisfactory. The Bill on the Control of Unreasonableness, Unconscionableness, or Oppressiveness in Contracts or Terms which was tabled in 1998 should be revised and legislated, so as to regulate contracts and infuse the law of contract with the constitutional values of human dignity, equality and freedom.
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- Authors: Ndlebe, Zithulele Fikile
- Date: 2017
- Subjects: Commercial law - South Africa , Contracts - South Africa
- Language: English
- Type: Masters (Thesis)
- Identifier: http://hdl.handle.net/10210/236579 , uj:24221
- Description: LL.M. (Commercial Law) , Abstract: The Constitution of the Republic of South Africa is the supreme law in the land. Thus, all law is subject to the Constitution and this inevitably includes the law of contract. The South African law of contract has been inherited from common law, namely Roman–Dutch law and has been applicable in South Africa to date. The Constitution states that the common law should be developed when it is not in line with the provisions of the Constitution. The values underpinning the Constitution are human dignity equality and freedom and these values must therefore be reflected in contractual relations. The common law principle of pacta sunt servanda, which means that agreements must be kept, at times this principle yields unjust and unreasonable results. The strict adherence to pacta sunt servanda has led to difficulties. The unenforceability of these contract terms has been shown in reported case law to stem from standard term contracts, unequal bargaining power and from persons who contract out of necessity. This dissertation concludes that South African law of contract and the current legal treatment of balancing contract law with constitutional values is unsatisfactory. The Bill on the Control of Unreasonableness, Unconscionableness, or Oppressiveness in Contracts or Terms which was tabled in 1998 should be revised and legislated, so as to regulate contracts and infuse the law of contract with the constitutional values of human dignity, equality and freedom.
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A legal analysis of outsourcing within the framework of Section 197 of the Labour Relations Act
- Authors: Govender, Lisa
- Date: 2020
- Subjects: Contracting out , South Africa. Labour Relations Act (1995) , Labor laws and legislation - South Africa , Commercial law - South Africa
- Language: English
- Type: Masters (Thesis)
- Identifier: http://hdl.handle.net/10210/475300 , uj:42871
- Description: Abstract: Section 197 of the Labour Relations Act 66 of 1995 (“the LRA”) involves the transfer of a contract of employment, between an old employer and a new employer. The LRA defines many important concepts, however in this dissertation, the most important concepts to consider are the following: “business”, which “includes the whole or part of any business, trade, undertaking or service”, and “transfer”, which means “the transfer of a business by one employer to another employer as a going concern”... , LL.M. (Commercial Law)
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- Authors: Govender, Lisa
- Date: 2020
- Subjects: Contracting out , South Africa. Labour Relations Act (1995) , Labor laws and legislation - South Africa , Commercial law - South Africa
- Language: English
- Type: Masters (Thesis)
- Identifier: http://hdl.handle.net/10210/475300 , uj:42871
- Description: Abstract: Section 197 of the Labour Relations Act 66 of 1995 (“the LRA”) involves the transfer of a contract of employment, between an old employer and a new employer. The LRA defines many important concepts, however in this dissertation, the most important concepts to consider are the following: “business”, which “includes the whole or part of any business, trade, undertaking or service”, and “transfer”, which means “the transfer of a business by one employer to another employer as a going concern”... , LL.M. (Commercial Law)
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The implication of the moratorium on lease agreements in business rescue
- Authors: Nqwata, Sibahle
- Date: 2020
- Subjects: Commercial law - South Africa , Contracts - South Africa
- Language: English
- Type: Masters (Thesis)
- Identifier: http://hdl.handle.net/10210/475643 , uj:42914
- Description: Abstract: The purpose of the Companies Act1 is, amongst others, to “provide for the efficient rescue and recovery of financially distressed companies, in a manner that balances the rights and interests of all relevant stakeholders.”2 Business rescue means facilitating the rehabilitation of a financially distressed company by providing temporary supervision of the company, a temporary moratorium on legal proceedings against the company in business rescue and the development and implementation of the business rescue plan.3 As a result of the moratorium, the legal proceedings against the company may only be instituted with the consent of the business rescue practitioner or with the leave of the court.4 Thus, the moratorium is the cornerstone of business rescue as it provides a company with an opportunity to operate on a solvent basis... , LL.M. (Commercial Law)
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- Authors: Nqwata, Sibahle
- Date: 2020
- Subjects: Commercial law - South Africa , Contracts - South Africa
- Language: English
- Type: Masters (Thesis)
- Identifier: http://hdl.handle.net/10210/475643 , uj:42914
- Description: Abstract: The purpose of the Companies Act1 is, amongst others, to “provide for the efficient rescue and recovery of financially distressed companies, in a manner that balances the rights and interests of all relevant stakeholders.”2 Business rescue means facilitating the rehabilitation of a financially distressed company by providing temporary supervision of the company, a temporary moratorium on legal proceedings against the company in business rescue and the development and implementation of the business rescue plan.3 As a result of the moratorium, the legal proceedings against the company may only be instituted with the consent of the business rescue practitioner or with the leave of the court.4 Thus, the moratorium is the cornerstone of business rescue as it provides a company with an opportunity to operate on a solvent basis... , LL.M. (Commercial Law)
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The impact of Covid-19 on labour law protection for Uber drivers
- Authors: Gxabu, Mampho Aphelele
- Date: 2021
- Subjects: South Africa. Labour Relations Act (1995) , COVID-19 (Disease) , Labor laws and legislation - South Africa , Commercial law - South Africa , Uber (Firm)
- Language: English
- Type: Masters (Thesis)
- Identifier: http://hdl.handle.net/10210/475468 , uj:42892
- Description: Abstract: On 15 March 2020 the President of the Republic of South Africa announced a nationwide lockdown. The unpredicted pandemic dictated that extraordinary measures be put in place, which resulted in the country coming to a total standstill. Consequently, there was an alarming decline in economic activities and therefore government had to introduce measures to mitigate the impact of COVID-19 on employers and workers... , LL.M. (Commercial Law)
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- Authors: Gxabu, Mampho Aphelele
- Date: 2021
- Subjects: South Africa. Labour Relations Act (1995) , COVID-19 (Disease) , Labor laws and legislation - South Africa , Commercial law - South Africa , Uber (Firm)
- Language: English
- Type: Masters (Thesis)
- Identifier: http://hdl.handle.net/10210/475468 , uj:42892
- Description: Abstract: On 15 March 2020 the President of the Republic of South Africa announced a nationwide lockdown. The unpredicted pandemic dictated that extraordinary measures be put in place, which resulted in the country coming to a total standstill. Consequently, there was an alarming decline in economic activities and therefore government had to introduce measures to mitigate the impact of COVID-19 on employers and workers... , LL.M. (Commercial Law)
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