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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 ...
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 ...
The reply of the Eritrean government to ACHPR's landmark ruling on Eritrea: a critical appraisal
(Faculty of Law, University of the Free State, 2006)
English: This article assesses the official and most recent stance of the Eritrean government on the illegal detention of eleven prominent Eritrean political personalities who remain behind bars since September 2001. The ...
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 ...
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 ...
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 ...
Verteenwoordiging in 'n Suid-Afrikaanse maatskappyregtelike verband: 'n regshistoriese en regsvergelykende ondersoek
(University of the Free State, 2008-09)
English: The general principles of the law of agency form the basis of representation in South African company law. A unique set of agency principles have however developed in company law as a result of specific needs that ...
Dumping and antidumping regulations with specific reference to the legal framework in South Africa and China
(University of the Free State, 2006-05)
From 1904 the world’s first antidumping law was enacted by Canada, South Africa followed in 1914, the GATT in 1947, and China in 1994. Over time, antidumping law has become a potent weapon in most countries of the world. ...