Browsing Journal for Juridical Science by Title
Now showing items 40-59 of 185
-
Damages for wrongful arrest, detention and malicious prosecution in Swaziland: liability issues
(Faculty of Law, University of the Free State, 2018)This article draws from a wealth of unreported cases decided in the Kingdom of Swaziland in the past two decades relating to the deprivation of personal liberty, human dignity and other fundamental rights infringements ... -
Delay in delivering judgment or a case of “washing” judicial “dirty linen in public”? Reflections on Myaka v S
(Faculty of Law, University of the Free State, 2013)Abstract not available -
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 ... -
Die aanspreeklikheid van die lede van 'n bestuursraad en die administrateurs van aftreefondse
(Faculty of Law, University of the Free State, 2005)English: The liability for the non-compliance with fiduciary and statutory duties towards a retirement fund and the members or beneficiaries of such a fund is in many ways not clear for the members of the board or the third ... -
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 -
Die bekostigbaarheid van 'n aktiewe verdedigingsreg in die Suid-Afrikaanse strafregstelsel
(Faculty of Law, University of the Free State, 2014)English: Oscar Pistorius' bail application highlighted equality concerns within criminal justice. In essence, it demonstrated an imbalance of the right to equality before the law, and its associated right to equal protection ... -
Die Class Proceedings Act van Ontario - 'n voorbeeld van wetgewing vir die regulering van Suid-Afrikaanse groepsgedingvoering
(Faculty of Law, University of the Free State, 2004)English: In 1995 and 1998 the South African Law Commission proposed the promulgation of legislation to govern class action proceedings. The Class Proceedings Act of Ontario was one of the sources consulted by the Commission. ... -
Die effek van die regulering van maksimum werkure op werknemers se grondwetlike reg op gelykheid
(Faculty of Law, University of the Free State, 2009-12)English: The paper examines the effect of the provisons regulating maximum working hours, with reference to the principle of equality entrenched in section 9 of the Constitution of the Republic of South Africa, 1996. Section ... -
Die interpretasiereël in die Suid-Afrikaanse kontraktereg (Deel 1)
(Faculty of Law, University of the Free State, 2016)English: The parol evidence rule in the South African law of contract consists of two different subrules. The one subrule deals with the extent to which a written contract may be regarded as the sole memorial of its terms ... -
Die multilaterale beleggingsooreenkoms (MAI): 'n kruispad vir internasionale beleggingsregulering?: kroniek
(Faculty of Law, University of the Free State, 2001)Abstract not available -
Die ontoereikende beskerming van sekswerkers in die Suid-Afrikaanse reg, gesien teen die agtergrond van geweld waaraan hulle blootgestel word
(Faculty of Law, University of the Free State, 2004)English: This article has as its focus the presence of violence in the life story of every sexworker as well as the attendant problems. Most sexworkers experience violence (from their clients or their pimp) on a daily basis ... -
Die statutêre raamwerk van taalbeleid in openbare skole en die implikasies van die twee Ermelo-uitsprake: kroniek
(Faculty of Law, University of the Free State, 2010)Afrikaans: ale is die stambome van volkere. Hierdie woorde onderstreep die diep gewortelde emosie en sterk standpunte oor taal. Met hierdie agtergrond en binne die raamwerk van 'n land met 11 amptelike landstale en 'n ... -
Die vennootskap: goeie huweliksmaat met huwelik of konkubinaat?
(Faculty of Law, University of the Free State, 2003-06)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 ... -
Die Wet op Getuiebeskerming 112 van 1998: enkele aspekte oor die praktiese werking daarvan
(Faculty of Law, University of the Free State, 2001)English: To combat crime and especially serious crime by gangs, racketeers, syndicates and druglords, witnesses who are willing to testify against these criminals, must be protected efficiently. To address this problem the ... -
Dignity: the missing building block in South African schools?
(Faculty of Law, University of the Free State, 2010)English: There is a dire need in South Africa to build a strong education system to meet the needs and expectations of its people. Unfortunately, education is currently in an unacceptable state, with, inter alia, escalating ... -
Dispute resolution in NAFTA and the WTO: a useful guide for SADC?
(Faculty of Law, University of the Free State, 2003)English: In the process of developing, structuring and formalising the mechanism for settlement of trade disputes in the SADC region, the system for the settlement of disputes in both NAFTA and the WTO can serve as a useful ... -
Diversity in provision of clinical legal education (CLE): a strength or weakness in an integrated programme of curriculum development?
(Faculty of Law, University of the Free State, 2008)English: In a paper published in the International Journal for Clinical Legal Education of 2000 (No 1 of November 2000), the result of a survey that was carried under the sub-title "country studies" relating to the ... -
Divorce: achieving social justice through clinical legal education
(Faculty of Law, University of the Free State, 2008)English: In achieving social justice, a law clinic has to strike a balance between teaching of students and service to its clients. Divorce, as a simple service case, proves to be a good learning vehicle for students, ... -
Divorcing and checking out of the mortal and physical world domain – online assets in limbo: a call for the regulation of the digital legacy
(Faculty of Law, University of the Free State, 2013)English: For the majority of people, an online existence has currently become an incontrovertible reality. This article explores the various ways of handling digital or online assets both before and after death. The ... -
Do "values" mean anything at all? Implications for law, education and society
(Faculty of Law, University of the Free State, 2008-06)English: The term "values" is ubiquitous in modern discourse. It is held by many to embody high and noble aspirations that can be shared meaningfully. Often preferred to other terms, such as "virtues", however, values can ...