Research Articles (Private Law)
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Practical challenges relating to the supervision of small estates
(Faculty of Law, University of the Free State, 2016)Previously, the supervision of the administration of deceased estates was divided along racial lines. Law reform has, however, seen the establishment of a single system that is fair to all South Africans – or is it? ... -
Vonnisbespreking: die onsekerhede aangaande die toepaslike huweliksgoederebedeling (s) in poligame gewoonteregtelike huwelike by nienakoming van artikel 7 (6) van die Wet op Erkenning van Gebruiklike Huwelike
(LitNet, 2014-03)The uncertainties regarding the applicable matrimonial property system(s) in polygamous customary marriages upon non-compliance with section 7(6) of the Recognition of Customary Marriages Act This discussion assesses ... -
The nature and essence of right and duty as the moral-ethical foundation of Rosmini's jural principles fundamental to human rights
(Faculty of Law, University of the Free State, 2008)English: According to Rosmini duty precedes right. Without duty preceding right it would be impossible to form a concept or idea of right. As stated by Rosmini, the concept of right is encapsulated within the idea of ... -
Wat is die betekenis van boerdery vir inkomstebelastingdoeleindes?
(Faculty of Law, University of the Free State, 2001)English: The question is frequently asked whether certain activities by a taxpayer may be regarded as farming for income tax purposes. If so, certain farming expenses will be allowed as deductions in terms of the First ... -
Calvyn die juris: kroniek
(Faculty of Law, University of the Free State, 2001)Abstract not available -
Die verhouding tussen 'n klient, sy regsverteenwoordigers en derde partye
(Faculty of Law, University of the Free State, 2001)English: The development of the contract of mandate (mandatum) between a client and his attorney as well as his advocate is discussed. Reference is also made to representation. The core of the client’s privity of contract ... -
Is 'n prokureur geregtig op die koste van geregtelike stappe teen 'n voormalige kliënt?: kronieke
(Faculty of Law, University of the Free State, 2001)Abstract not available -
Thomas Aquinas oor die aborsie-debat en die Kerk magesterium
(Faculty of Law, University of the Free State, 2007)English: Thomas of Aquino’s exchange of ideas and the church magesterium present an ex h a ustive overv i ew for the implementation of the dignity of human life.The result of such an exchange of ideas causes the church ... -
The need for legislative reform regarding the authorisation of trustees in the South African law of trusts
(Faculty of Law, University of the Free State, 2007)English: According to section 6(1) of the Trust Property Control Act 57 of 1988, all trustees to whom the Act applies 'shall act in that capacity only if authorized thereto in writing by the Master' of the High Court. The ... -
Professionele aanspreeklikheid van ouditeure teenoor derdes op grond van nalatigheid
(Faculty of Law, University of the Free State, 2004)English: People in the professional occupations such as auditors, lawyers, architects and engineers have a duty to treat their clients with solicitude. This duty arises from the nature of their calling and from the ... -
The recognition of Customary Marriages Act: many women still left out in the cold
(Faculty of Law, University of the Free State, 2002-12)English: This paper focuses on the position of women in monogamous customary marriages concluded before the commencement of The Recognition of Customary Marriages Act, 120 of 1998. This Act alleviated (on appearances) the ... -
Multiple marriages, burial rights and the role of lobolo at the dissolution of the marriage
(Faculty of Law, University of the Free State, 2003)English: This paper highlights three aspects which have an impact on both customary and common law that came to the fore in the Thembisile case. An evaluation of the way in which the court dealt with the different aspects ... -
Seksuele teistering in die werkplek: 'n Suid-Afrikaanse perspektief
(Faculty of Law, University of the Free State, 2004)English: Sexual harassment in the workplace is a grave problem and it significantly impedes on a person's entrance into many sectors of the wage labour market. The number of sexual harassment complaints increases dramatically ... -
A note on the history of the Faculty of Law of the University of the Free State
(Faculty of Law, University of the Free State, 2004)Abstract not available -
Die behoefte aan 'n wyer artikel 2(3) van die Wet op Testamente 7 van 1953 (soos gewysig): 'n kritiese beskouing: chronicle
(Faculty of Law, University of the Free State, 2004)Abstract not available -
Hospital disclaimers: Afrox Health Care v Strydom: chronicle
(Faculty of Law, University of the Free State, 2003)Abstract not available -
Wapenbeheer: die posisie van die wapeneienaar in Suid-Afrika
(Faculty of Law, University of the Free State, 2005)English: The position of the gun-owner was changed drastically when the Firearms Control Act60 of 2000 took effect on 1 July 2004. This Act repealed the Arms and Ammunition Act75 of 1969; the latter Act had regulated the ... -
Tacit responsibilities assigned to the drafter of a credit agreement by the National Credit Act 34 of 2005 with particular emphasis on contractual consensus: a critical analysis
(Faculty of Law, University of the Free State, 2008-12)English: The National Credit Act 34 of 2005 came into full operation on 1 June 2007, effectively replacing the Credit Agreements Act 75 of 1980 and the Usury Act 73 of 1968. The main aim of this piece of legislation is to ... -
Change to the age of majority: general impact and some consequences for the interpretation of wills
(Faculty of Law, University of the Free State, 2009-12)On 1 July 2008, the age at which a person attains majority was lowered from 21 years to 18 years. Section 17 of the Children's Act stipulates that : "A child,whether male or female, becomes a major upon reaching the age ... -
A critical study of the recurring problem of repudiation in the context of professional rugby in South Africa with particular emphasis on transformative constitutionalism
(Faculty of Law, University of the Free State, 2010-06)English: Since rugby became a professional sport in the aftermath of the Rugby World Cup of 1995, the repudiation of sports contracts has become a general and recurring problem in the South African legal context. The legal ...