Browsing Journal for Juridical Science by Title
Now showing items 69-88 of 185
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Failure to discharge. A discussion of the insufficient legal recourse afforded to judgment debtors in the South African context
(Faculty of Law, University of the Free State, 2008)English: University Legal Aid Clinics are often confronted with aspects of the law which are quite alien to those faced by our colleagues in private practice. One such area is that of assisting judgment debtors who have ... -
Financial markets in the Southern African development community: the harmonisation and approximation of commercial laws
(Faculty of Law, University of the Free State, 2003)English: The free flow of capital has been identified as a critical factor in the process of reducing poverty in the SADC region, along with the lowering of trade barriers. While the trade protocols have been adopted and ... -
The Financial Reporting Standards Council and its role in terms of the Companies Act 61 of 1973 and the Companies Act 71 of 2008
(Faculty of Law, University of the Free State, 2010)English: Both the Companies Act 61 of 1973 (hereinafter “the Companies Act 1973”) and the Companies Act 71 of 2008 (hereinafter “the Companies Act 2008”) provide for the Financial Standards Reporting Council (hereinafter ... -
Foreseeability: wrongfulness and negligence of omissions in delict – the debate goes on MTO Forestry (Pty) Ltd v Swart NO 2017 5 SA 76 (SCA)
(Faculty of Law, University of the Free State, 2018)The case under discussion involved delictual liability for an omission. The appellant sued the respondent for damages, alleging that the respondent’s negligent omissions had caused or allowed a fire to spread to a plantation, ... -
The four-year undergraduate LLB: progress and pitfalls
(Faculty of Law, University of the Free State, 2010)English: In this paper, the historical and contextual factors that resulted in a change from a postgraduate LLB to an undergraduate LLB, as the single qualification for lawyers in South Africa in 1997 as part of a national ... -
Freedom of religion of children in private schools
(Faculty of Law, University of the Free State, 2014)English: This article argues against the interpretation that the right to establish private schools includes the right to require religious conformity from non-adherent learners by way of a waiver of their religious ... -
Geographical indication protection in South Africa with particular reference to wines and the EU connection
(Faculty of Law, University of the Free State, 2008)Abstract not available -
Groepsgedingvoering - die voorstel van die Suid-Afrikaanse Regskommissie vir die sertifisering van 'n groepsgeding
(Faculty of Law, University of the Free State, 2003)English: In this contribution the proposals of the South African Law Commission for the certification of a class action are discussed. These proposals are the products of a working paper and a report published in 1995 and ... -
Gronde vir die weiering van toegang tot inligting soos van toepassing op openbare instellings (deel II)
(Faculty of Law, University of the Free State, 2008)English: The right of access to information as contained in section 32 of the Constitution of the Republic of South Africa, is not an absolute right. It has to be limited in order to protect sensitive material of which ... -
Het ‘n eerste verbandhouer werklik ‘n “vry hand”-voorkeur ten opsigte van sy sekuriteit as vervreembare goed kragtens artikel 8(b) van die Insolvensiewet? Absa Bank Ltd V Collier 2015 4 Sa 364 (WCC)
(Faculty of Law, University of the Free State, 2017)Abstract not available -
A history of attempts to delimit (state) law
(Faculty of Law, University of the Free State, 2012)English: Reflections on the nature of law and on the limits of the state’s law-making competence did not escape the distorting effect of individualistic and universalistic views of human society. While the Greek-Medieval ... -
Hospital disclaimers: Afrox Health Care v Strydom: chronicle
(Faculty of Law, University of the Free State, 2003)Abstract not available -
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 ... -
Identifying the structure envisioned for closely held incorporated business entities under the new statutory dispensation
(Faculty of Law, University of the Free State, 2015)English: In the process of company law reform, the official belief was expressed that the regime provided in the new Companies Act 71 of 2008 for forming and maintaining a structure that reflects the ... -
The impact of Scholasticism and Protestantism on Ulrich Huber's views on constitutionalism and tyranny
(Faculty of Law, University of the Free State, 2004)English: Ulrich Huber's (1636-1694) contribution to public law was initiated with his lectures on the general principles of constitutional law at Franeker. The fruits of his work culminated in his De Jure Civitatis. The ... -
The impact of the Constitution on the South African criminal law sphere
(Faculty of Law, University of the Free State, 2001)English: In this article the extent of the impact of the new constitutional dispensation on the South African criminal law sphere is discussed. The influence of the Constitution on certain criminal offences, sentencing, ... -
In-house provisioning and South African public procurement law
(Faculty of Law, University of the Free State, 2014)English: Public procurement is a highly regulated aspect of state administration and an area in which litigation is frequent in South Africa. As Nugent JA noted in South African Post Office v De Lacy:1 “Cases concerning ... -
Incorporating Africanness into the legal curricula: the case for criminal and procedural law
(Faculty of Law, University of the Free State, 2011)English: Criminal and procedural law has recently come under scrutiny and been criticised as being the ‘white-man’s law’. The claim is that this academic discipline of law, as conceptualised and studied thus far, has ... -
An individualised, contextualised and child-centred determination of the child’s best interests, and the implications of such an approach in the South African context
(Faculty of Law, University of the Free State, 2009)English: This contribution deals with the approach that should be adopted when applying the concept of “the best interests of the child” and evaluating the individual factors that are used in determining what is in the ... -
Informed consent to participation in preventive HIV vaccine efficacy trials in the light of section 12(2)(c) of the South African Constitution
(Faculty of Law, University of the Free State, 2008)English: Clinical trials to develop an effective vaccine against HIV are currently underway in South Africa. The scientific, epidemiologic and socio-economic backgrounds against which these trials are likely to take place ...