Browsing Journal for Juridical Science by Title
Now showing items 82-101 of 185
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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 ... -
Inkwisatoriese en akkusatoriese elemente in die Amerikaanse pleitonderhandelingsproses: rigtingwyser of waarskuwingsteken?
(Faculty of Law, University of the Free State, 2002-06)No abstract available -
Integrating theory and practice in the LLB curriculum: some reflections
(Faculty of Law, University of the Free State, 2008)English: The debate regarding the ideal outcomes for tertiary legal education has been a topic of national and international discourse for a long time. One of the aspects of this debate is whether legal theory and practical ... -
An international perspective of restorative justice practices and research outcomes
(Faculty of Law, University of the Free State, 2006)English: Restorative justice is not a new concept as it was the dominant criminal justice model in ancient Greek, Roman and Arab civilisations as well as indigenous communities in South Africa, Australia, New Zealand and ... -
Die interpretasiereël in die Suid-Afrikaanse kontraktereg – deel twee
(Faculty of Law, University of the Free State, 2016)In the first part of this article (that appeared in the June 2016 issue of this journal), the author analysed the development and current application of the interpretation rule in the South African law of contract. In ... -
Is 'n prokureur geregtig op die koste van geregtelike stappe teen 'n voormalige kliënt?: kronieke
(Faculty of Law, University of the Free State, 2001)Abstract not available -
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 ... -
Israel attacks an ‘aid’ flotilla bound for Gaza: a dark day for international law
(Faculty of Law, University of the Free State, 2010)This paper examines the Israeli raid on six aid vessels bound for Gaza on 31 May 2010, in light of customary International Humanitarian Law (IHL). In exploring the international law implications of these events, the concepts ... -
The juridification of sport: a comparative analysis of children’s rugby and cricket in England and South Africa
(Faculty of Law, University of the Free State, 2011)English: This article takes as its point of departure the notion of juridification in sport and, in particular, the perspective that the term has previously often been used in sport and law literature in a too narrow and ... -
The Jurisdiction of the Regional Courts Amendment Act, 2008: some implications for child law and divorce jurisdiction
(Faculty of Law, University of the Free State, 2011)English: The promulgation of the Jurisdiction of the Regional Courts Amendment Act, 31 of 2008 (hereafter the JRCAA) in 62 large urban magisterial districts on 9 August 2010 (Women’s Day) heralds a potentially drastic ... -
Kafka’s African nightmare — bureaucracy and the law in pre- and post-apartheid South Africa
(Faculty of Law, University of the Free State, 2006)English: This article sets out to examine the legal system of both pre and post-apartheid South Africa, through the lens of Franz Kafka’s seminal novel “The Trial”. The central contention of the article is that Franz ... -
Law clinics at African universities: an overview of the service delivery component with passing references to experiences in South and South-East Asia
(Faculty of Law, University of the Free State, 2008)English: Modern forms of live client university law clinics developed in South Africa, Zimbabwe, Ethiopia, Tanzania and Uganda during the 1970's, in Botswana and Nigeria in the 19BO's, in Kenya in the 1990's, and in Lesotho, ... -
The law of divorce and dissolution of life partnerships in South Africa: book review
(Faculty of Law, University of the Free State, 2015)Abstract not available. -
Legal architecture and design for Gulf Cooperation Council economic integration
(Faculty of Law, University of the Free State, 2011)English: The Cooperation Council for the Arab States of the Gulf (GCC) is generally regarded as a success story for economic integration in Arab countries. The idea of regional integration gained ground when the GCC Charter ...