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Publiekregtelike estoppel, billikheid en die ontwikkeling van die gemenereg: 'n vonnisbespreking van Eastern Cape Provincial Government v Contractprops 25 (Pty) Ltd en Eastern Metropolitan Substructure v Peter Klein Investments (Pty) Ltd: chronicle
(Faculty of Law, University of the Free State, 2005-12)
Abstract not available
Balancing rights in education: applying the proportionality test
(University of the Free State, 2008)
English: Educators and learners know that they are entitled to the protection of their rights,
but are uncertain to what degree this protection extends. Fundamental rights are not
absolute and may be limited by the rights ...
Huber, natural law and the reformational basis of the iurisprudentia universalis
(Faculty of Law, University of the Free State, 2005-12)
English: Ulrich Huber's work, De Jure Civitatis, contains the first serious effort to apply the Reformational perspectives on natural law to the field of Public Law. Not only did he integrate the perspectives on natural ...
Sexual Offences Courts: better justice for children?
(Faculty of Law, University of the Free State, 2006-12)
English: Child victims of sexual abuse are vulnerable witnesses who experience trauma and secondary victimisation when they testify in sexual abuse cases. Sexual Offences Courts aim to alleviate this problem in various ...
Celebrating the common law rights of man - a note on Blackstone's work on natural law and natural rights: chronicles
(Faculty of Law, University of the Free State, 2009-12)
William Blackstone's (1723-1780) Commentaries, a four-volume work, the first edition of which appeared in 1765, was produced in an epoch of natural law theory which marked the transition from "justification" to 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 ...
The demise of the Roman-Dutch 'kommer-recht: interpretation of statutes so as to conform to the spirit, purport and objects of the South African Bill of Rights
(Faculty of Law, University of the Free State, 2009-06)
English: The Supreme Court of Appeal (in a judgment dated 23.11.07) in the case of Bid Industrial Holdings v Strang (2007) SCA 144 (RSA) (now cited as 2008(3) SA 355 (SCA)) held that the common-law requirement of arrest ...
Ubuntu versus the core values of the South African Constitution
(Faculty of Law, University of the Free State, 2009-12)
English: At the dawn of South Africa's new era of constitutionalism the Constitutional Court introduced "African law and legal thinking" and ubuntu to South African jurisprudence as part of the Constitution's source of ...
Sexual Offences Courts in South Africa: quo vadis?
(Faculty of Law, University of the Free State, 2008-12)
English: Since the establishment of the first Sexual Offences Court in Wynberg in 1993, various developments have taken place that include, but are not limited to, the following : several investigations into these courts ...
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)
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 ...