Browsing Journal for Juridical Science by Title
Now showing items 11-30 of 185
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Die bepaling van die ‘sentrum van hoofbelange’ by oorgrens insolvensies: is die Parmalat-benadering voldoende om die behoeftes van moderne handel te bevredig?
(Faculty of Law, University of the Free State, 2011)English: Despite various viewpoints on the determination of the centre of main interest (COMI), the legal question in this investigation is whether, and to what extent, the approach in In re Eurofood IFSC Ltd (the Parmalat ... -
Book Review: Religion and the exercise of public authority
(Faculty of Law, University of the Free State, 2017) -
Breach of confidentiality and the duty to warn in medical law: examples from clinical psychiatry
(Faculty of Law, University of the Free State, 2006)English: This article addresses various factors involved in the tension that may arise between breach of confidentiality on the one hand, and dereliction of the duty to warn, on the other, in the context of medical law. ... -
'But, where is the halaal food?' An appraisal of diversity teaching in clinical law programmes in South African clinics
(Faculty of Law, University of the Free State, 2008)English: South Africa is renowned for its racial, cultural, linguistic and ethnic diversity. Our new democratic dispensation further aims to affirm this diversity, both in terms of the values underlying the Constitution ... -
The case for economic hardship in South Africa: lessons to be learnt from international practice and economic theory
(Faculty of Law, University of the Free State, 2011)English: Although most leading legal systems provide for some form of legal relief in the case of economic hardship, South African law still does not address the issue of changed circumstances beyond that of objective ... -
Cautioning the careless writer: the importance of accurate and ethical legal writing
(Faculty of Law, University of the Free State, 2014)English: Legal professionals are required to write ethically, skilfully and accurately. Growing concerns over the quality of graduated students entering the profession has led to an increased sensitivity about the teaching ... -
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 ... -
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 ... -
Die Civil Union Act, Draft Domestic Partnership Bill en moontlike deregulering van die huwelik
(Faculty of Law, University of the Free State, 2009)English: The Civil Union Act 17/2006 is compared to the Marriage Act 25/1961 to determine whether similar life partnerships should be regulated by more than one act. Thereafter the Draft Domestic Partnership Bill is ... -
Clinical legal education: Identifying required pedagogical components
(Faculty of Law, University of the Free State, 2015)English: Clinical legal education is mainly a practical course, although it includes training in the substantive law. University law clinics generally have to satisfy two main objectives, namely teaching of students and ... -
Clinical legal education: planning a curriculum that can be assessed
(Faculty of Law, University of the Free State, 2011)English: Surveys conducted in a selection of jurisdictions are discussed to determine whether clinical legal education should be a core and mandatory course in the LLB curriculum. The focus of a university law clinic and ... -
Clinical legal education: the assessment of student collaboration and group work
(Faculty of Law, University of the Free State, 2014)English: Clinical legal education (CLE) should be a mandatory or core course in the LLB curriculum and the focus of a university law clinic must be CLE, namely student training. A recurring assessment challenge is large ... -
Clinical legal education: the challenge of large student numbers
(Faculty of Law, University of the Free State, 2013)English: Clinician:student ratios in clinical courses at South African university law clinics were found to be, in some instances, more than three times the ratio recommended at other international jurisdictions. Whether ... -
Close corporations without end. Two remarkable decades of simply 'thinking small first': chronicle
(Faculty of Law, University of the Free State, 2007-06)Abstract not available -
Closing the gap between the needs of students and the community they serve
(Faculty of Law, University of the Free State, 2008)English: University law clinics, within the structures that are identified, must satisfy two main objectives, namely teaching of students and service to clients. The students’ and clients’ needs must be balanced in order ... -
A comparative study of child justice systems: any lessons for South Africa from The Netherlands?
(Faculty of Law, University of the Free State, 2016)This submission is a theoretical overview of the adjectival process of child justice in The Netherlands. It offers insight into the criminal procedure of an almost pure inquisitorial system dealing with children in ... -
Compulsory HIV testing of child sex offenders in the South African criminal justice system
(Faculty of Law, University of the Free State, 2017)The Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 established unique procedural mechanisms for the processing of sexual offence cases and for the protection of victims. One such procedure ... -
Conceptualising the sexually explicit as free expression: the distinct legal and political challenges presented to a liberal feminist critique in a South African constitutional context
(Faculty of Law, University of the Free State, 2012)English: This article explores critically whether the liberal feminist understanding of women’s situation under conditions of patriarchy (in its critique of liberal philosophy) has the potential to uncover the complex ... -
Condonation confusion
(Faculty of Law, University of the Free State, 2017)Some problems have arisen with the interpretation of the formalities for the execution of wills in sec. 2(1) of the Wills Act 7 of 1953. The courts were given the power of condonation in sec. 2(3) of the Act to prevent ... -
Conscientious objection and legal abortion in South Africa: delineating the parameters
(Faculty of Law, University of the Free State, 2003)English: The purpose of this article is to delineate the scope and limitations of the exercise of the right to conscientious objection in respect of participation in abortion procedures under theChoice on Termination of ...