Browsing Journal for Juridical Science by Title
Now showing items 99-118 of 185
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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 ... -
Legal evaluation of affirmative action in South Africa
(Faculty of Law, University of the Free State, 2001)English: With its equality jurisprudence only in its infancy stage, affirmative action will provide a difficult challenge to the Constitutional Court. Employment equity and affirmative action, like other projects of social ... -
Lessons from Bayh-Dole: reflections on the Intellectual Property Rights from Publicly Financed Research and Development Act
(Faculty of Law, University of the Free State, 2010)English: The Intellectual Property Rights from Publicly Financed Research and Development Act 51 of 2008 promotes patenting and commercialisation of state-funded science. The Act is similar in scope and objective to the ... -
The limited partnership review. Historical and comparative perspectives on the revival of a "commercial mongrel" in the United Kingdom
(Faculty of Law, University of the Free State, 2002)English: The United Kingdom limited partnership can be described as the statutory equivalent of the South African partnership en commandite, which was received from French law via Roman-Dutch law. Proposed in 1838 and ... -
The mixed legacy underlying Rawls’s Theory of justice
(Faculty of Law, University of the Free State, 2006)English: The Theory of justice advanced by Rawls must be understood within the context of factual legal approaches (such as positivism and pragmatism) that eliminated normative considerations. By contrast, Rawls argues ... -
Mortgage bonds and the right of access to adequate housing in South Africa: Gundwana v Stoke Development & Others 2011 (3) SA 608 (CC)
(Faculty of Law, University of the Free State, 2012)English: This article offers a critique of Gundwana v Stoke Development & Others 2011 (3) SA 608 (CC), a case in which the Constitutional Court of South Africa found it to be unconstitutional for the registrar of a high ... -
Multiple marriages, burial rights and the role of lobolo at the dissolution of the marriage
(Faculty of Law, University of the Free State, 2003)English: This paper highlights three aspects which have an impact on both customary and common law that came to the fore in the Thembisile case. An evaluation of the way in which the court dealt with the different aspects ... -
'n Verkenning van die soorte vennootskappe in die Amerikaanse reg
(Faculty of Law, University of the Free State, 2003-12)English: This article briefly comments on the various types of partnerships encountered in American law. The types of ordinary as well as extraordinary partnerships are identified. Ordinary partnerships are only analyzed ... -
The nature of the purpose requirement of an impermissible tax avoidance arrangement
(Faculty of Law, University of the Free State, 2010)English: The nature of an inquiry into the purpose requirement of an impermissible tax avoidance arrangement can either be objective or subjective. In essence, an objective inquiry has regard to the ‘effect’ of an arrangement, ... -
The need for legislative reform regarding the authorisation of trustees in the South African law of trusts
(Faculty of Law, University of the Free State, 2007)English: According to section 6(1) of the Trust Property Control Act 57 of 1988, all trustees to whom the Act applies 'shall act in that capacity only if authorized thereto in writing by the Master' of the High Court. The ... -
The need for recognition and regulation of paralegals: an analysis of the roles, training, remuneration and impact of community-based paralegals in South Africa
(Faculty of Law, University of the Free State, 2013)English: This article seeks to critically analyse the role of community-based paralegals (CBPs), mainly within a South African context. Having defined CBPs, it focuses on the roles, functions and qualifications required ... -
Noodtoestand en die aksie van afhanklikes: Maimela v Makhado Municipality 2011-5-20 Saaknr 269/10 (HHA)
(Faculty of Law, University of the Free State, 2011-06)Afrikaans: Die eerste eiser (M) en ene D, die oorlede man van die tweede eiser (P), is deur skote getref wat afgevuur is deur die tweede verweerder (N), 'n werknemer van die eerste verweerder, 'n munisipaliteit. M het die ... -
A note on the history of the Faculty of Law of the University of the Free State
(Faculty of Law, University of the Free State, 2004)Abstract not available -
Ondernemingsredding en werknemers in die Suid- Afrikaanse reg: “verlore siele” of nie?
(Faculty of Law, University of the Free State, 2016)In South Africa, business rescue is a procedure created by the Companies Act 71 of 2008, which aims to facilitate the rehabilitation of companies in financial distress. Not all companies in financial distress will fail; ... -
Ontwikkeling in die Amerikaanse vennootskapswetgewing: die aanspreeklikheidsbeperkte vennootskap as 'n nuwe ondernemingsvorm
(Faculty of Law, University of the Free State, 2001)English: The fact that American corporate law is in a constant process of development, is clear from, firstly, the revision of their normal law of partnership since 1986, and, secondly, the incorporation of the limited ... -
Die ontwikkeling van die Suid- Afrikaanse gemenereg: ’n geskiedkundig-sosiaal-kontekstuele analitiese benadering
(Faculty of Law, University of the Free State, 2013)English: In order to develop the South African common law and understand how legal processes must transpire in contemporary South Africa, a historic-social-contextual analysis is proposed. Such a critical analysis not ... -
Optimising closely held entities to enhance commercial participation and development: the Southern African experience in comparative perspective
(Faculty of Law, University of the Free State, 2003)English: The important contribution of the small business sector to economic growth and regional development is widely and generally acknowledged. In 1984, the South African Close Corporations Act introduced a simple, ... -
Pecuniary interests and the rule against adjudicative bias: the automatic disqualification or objective reasonable approach?
(Faculty of Law, University of the Free State, 2011)English: This article deals with the issue of bias arising from pecuniary interest of a judge. Essentially, it asks the question: when does the pecuniary interest of a judge diminish his/her ability to apply his/her mind ...