Browsing Journal for Juridical Science by Title
Now showing items 108-127 of 185
-
'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 ... -
Permanent Secretary, Department of Welfare, Eastern Cape, and another v Ngxuza and others - hofreëls vir die voer van 'n groepsgeding?: case note
(Faculty of Law, University of the Free State, 2002)Abstract not available -
The phenomenon of weight-based discrimination in South African employment
(Faculty of Law, University of the Free State, 2014)English: South African labour law is forever evolving to address new issues in the modern workplace. One such new consideration is weight-based discrimination. With obesity increasing worldwide, it permeates every ... -
Plea-bargaining in South Africa: the need for a formalised trial run: chronicles
(Faculty of Law, University of the Free State, 2001)Abstract not available -
Political Covenantalism, sovereignty and the obligatory nature of law: Ulrich Huber's discourse on state authority and democratic universalism
(Faculty of Law, University of the Free State, 2004)English: Ulrich Huber's De Jure Civitatis, published in Latin, has never been translated into any other language, making this a relatively unknown source in constitutional law. In this work Huber responds to the state ... -
Polygyny and HIV/AIDS: a health and human rights approach
(Faculty of Law, University of the Free State, 2006)English: Concurrent sexual networks have been identified in empirical studies as significantly amplifying rates of HIV transmission in comparison to sequential monogamy or sporadic sexual encounters. This paper examines ... -
The potential effectiveness of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000
(Faculty of Law, University of the Free State, 2008)English: I consider the potential effectiveness of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 in achieving its stated goal of effecting far-reaching societal transformation. I do this ... -
Practical challenges relating to the supervision of small estates
(Faculty of Law, University of the Free State, 2016)Previously, the supervision of the administration of deceased estates was divided along racial lines. Law reform has, however, seen the establishment of a single system that is fair to all South Africans – or is it? ... -
Private international law: Lesotho High Court assumes South Africa’s High Court jurisdiction – Sello Ramalitse v Mpeesa Ramalitse
(Faculty of Law, University of the Free State, 2013)No abstract available. -
Private military and security contractors: a face-off with the notion of direct participation in hostilities, in international armed conflicts
(Faculty of Law, University of the Free State, 2012)English: Private military and security companies (PMSCs) have become a significant feature in recent international armed conflicts. Under international humanitarian law, PMSCs are, for the most part, clothed with civilian ...