Office of the Dean: Law

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Browsing Office of the Dean: Law by Author "Snyman-Van Deventer, E."

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    Die vennootskap: goeie huweliksmaat met huwelik of konkubinaat?
    (Faculty of Law, University of the Free State, 2003-06) Snyman-Van Deventer, E.; Henning, J. J.
    English: In this article the legal position of people in a concubinate relationship after the breakup or dissolution of the relationship in the American, Dutch and South African law is compared. Various attempts in the American law failed to solve the problems that originate with the dissolution of marriages and concubinates or to establish a just and equitable system. In the Netherlands attempts were made to solve problems with living-together relationships, especially between members of the same sex. The South African courts have solved these problems by application of the partnership principles on these relationships through recognition of the universal partnership and its use as a just and equitable remedy.
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    Is die essentialia van die vennootskap ondergeskik aan die bedoeling van die partye? 'n Oorsig oor die Suid-Afrikaanse reg
    (Faculty of Law, University of the Free State, 2007-06) Snyman-Van Deventer, E.; Henning, J. J.
    English: When determining the existence of partnership, it is necessary to establish whether the essentialia of a partnership are present. However, apart from the essentialia, the intention of the parties is regularly referred to and it is stated that the intention of the parties shall be conclusive, even in the presence of all the essentials. This article will attempt to illustrate that only the essentials are determinants for the existence of a partnership and that the intention of the parties can only refer to the intention to comply with the essentialia. The essentialia of partnership are: the making of a contribution by each partner; the business must be conducted to the joint benefit of all the parties; and the objective of the partnership should be to make and distribute profit. Although the essentials of the partnership seem cut and dried at first glance, the whole issue is clouded by a series of court rulings in which a further requirement, viz. the intention of the parties to create a partnership was added to the essentials by reference to contrary evidence that the agreement between the parties may not be a partnership agreement. With all due respect, this view cannot be concurred. The question that has to be asked is if the intention referred to is the intention to comply with all the requirements of the partnership or the intention to specifically create a partnership?
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    'n Verkenning van die soorte vennootskappe in die Amerikaanse reg
    (Faculty of Law, University of the Free State, 2003-12) Snyman-Van Deventer, E.; Henning, J. J.
    English: This article briefly comments on the various types of partnerships encountered in American law. The types of ordinary as well as extraordinary partnerships are identified. Ordinary partnerships are only analyzed to the extent that they differ from the standard ordinary partnership. In American literature reference is made to the mining partnership, the family partnership, the partnership in real estate and the farming partnership. This differentiation is primarily based on the type of business with which the partnership is concerned. However, the mining partnership and the farming partnership differ from the ordinary partnership in a number of ways, and, as a result of their unique attributes, are discussed in detail. A brief discussion of the types of extraordinary partnerships is necessitated in order to highlight their differences. The limited partnership is discussed briefly and only the main characteristics are named.