Browsing by Subject "Property"
Now showing items 1-10 of 18
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All roads lead to property: Pashukanis, Christie and the theory of restorative justice
(2013)Nils Christie is acknowledged generally as the theoretical founding father of restorative justice. Evgeny Pashukanis may be taken as the premier Marxist theoretician of law. This essay represents an endeavour to read ... -
Arbitrary deprivation of an unregistered credit provider's right to claim restitution of performance rendered Opperman v Boonzaaier (24887/2010) 2012 ZAWCHC 27 (17 April 2012) and National Credit Regulator v Opperman 2013 2 SA 1 (CC)
(2013)The Constitutional Court in National Credit Regulator v Opperman confirmed the Cape High Court's decision in Opperman v Boonzaaier to declare section 89(5)(c) of the National Credit Act unconstitutional. Therefore, the ... -
The constitutionality of the Mineral and Petroleum Resources Development Act 28 of 2002
(North-West University, 2006)The Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA) is premised on the principle that minerals are part of the natural heritage of all South Africans. Section 3 of the MPRDA articulates the core of the ... -
Creating a servitude to solve an encroachment dispute: a solution or creating another problem?
(2013)The main focus of this note is the case of Roseveare v Katmer, Katmer v Roseveare 2013 ZAGPJHC 18, which provides an interesting (though possibly constitutionally problematic) perspective to the encroachment problem. The ... -
Describing the business decision–making process for evaluating cricket sponsorship proposals
(2011)One of the major challenges facing cricket unions today is getting adequate funding; on the other hand, one of the challenges facing businesses are the hundreds of unsolicited sponsorship proposals they receive annually. ... -
The development of a new expropriation framework for South Africa
(North-West University, 2009)The word expropriation is used in South Africa to describe the process whereby a public authority or institution takes property from a private person for public purposes against payment of compensation. The current Act ... -
The effect of constitutional environmental protection on land ownership
(2015)Communities sometimes hold private property rights in or adjacent to a protected area. Section 25 of the Constitution of the Republic of South Africa of 1996 (the Constitution) protects a person's private property in that ... -
The effect of the original acquisition of ownership of immovable property on existing limited real rights
(2015)It is an accepted principle in South African law that movable property acquired in an original way (by operation of law) is not burdened by any limited real rights, as previous limited real rights are extinguished on the ... -
Die invloed van die Wet op die Uitbreiding van Sekerheid van Verblyfreg 62 van 1997 op boedelbeplanning
(North-West University, 2005)This study determines the impact of ESTA on estate planning. The researcher indicates the extent to which ESTA alters the traditional property concept and analyses the practical implications of ESTA on estate planning. It ... -
Land reform without compensation in South Africa: a critical analysis of the taxation policy
(North-West University, 2019)This thesis, brought about by the shift in the South African land redistribution programme to "expropriate land without compensation", primarily focusses on the taxation policy considerations given the current legislative ...
