Browsing Law by Title
Now showing items 250-269 of 826
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Distinguishing between intention and negligence in South African criminal law
(North-West University (South Africa), Mafikeng Campus, 2016)This study presents an account of mens rea as a culpability requirement. Both intention and negligence are forms of mens rea recognised in terms of the South African criminal law. They are both endowed with distinct ... -
The doctrine of separability in respect of the arbitration clause of a contract : a comparative study of English law and South African law
(2014)Most jurisdictions have over the past two decades experienced reforms with regard to arbitration law. These include England, America, France, Germany and the Netherlands. These reforms were necessary as the trend in the ... -
The doctrine of separation of powers in South Africa with specific reference to the independence of the judiciary
(North-West University (South Africa), 2017)The doctrine of separation of powers was established to prevent absolute concentration of power in a single body. The writings of Locke, Montesquieu, Aristotle and the Magna Carta have contributed to this doctrine and also ... -
Dutch lessons on including climate impact assessments in South African environmental law
(North-West University, 2019)In pursuit of economic development, human kind has throughout the ages repeatedly and continuously interfered with nature. Historically, nature has been exploited without regard to the impacts of human activities on the ... -
Dwaling weens foutiewe kommunikasie by die elektroniese kontrakteringsproses
(North-West University, 2011)In the modern era of international trade most agreements are concluded by way of electronic means. This form of trade is better known as e–trading. This method of negotiating and concluding contracts are popular and the ... -
E-hailing and delivery service workers : employees or independent contractors?
(North-West University (South Africa)., 2023)South-African labour legislation provides comprehensive protection to employees in terms of, amongst others, the Basic Conditions of Employment Act 75 of 1997 and the Labour Relations Act 66 of 1995. Those workers who do ... -
Ecologically sustainable development as a constitutional value : South African perspectives
(North-West University (South Africa), 2022)In South Africa, constitutional values generally play a vital role in the adjudication of disputes. This is aligned with section 39(2) of the Constitution which mandates courts to promote the values underpinning an open ... -
The effect of anti-avoidance tax legislation on the protection of a legal interest in wealth creation and preservation
(North-West University (South Africa), 2020)Two interests, regulated by two separate areas of the law: the one, a yet to be recognised legally protectable interest in wealth creation and preservation; and the other, firmly positioned statutory provisions of the ... -
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 embargo and security provisions on immovable property transactions
(North-West University (South Africa) , Potchefstroom Campus, 2017)All South African property transactions require one or more clearance certificates to effect transfer of property into the name of a transferee. This can either be in terms of section 118(1) of the Local Government: Municipal ... -
The effect of human rights norms on policing in the North West province of South Africa, with the particular reference to Mmabatho and Vryburg policing area
(North-West University (South Africa), 2007)This research is all about the effect of human rights norms on policing particularly in the Mmabatho and Vryburg police stations in the North West Province of the Republic of South Africa. These stations were chosen ... -
The effect of modern constitutional development on marriages in community of property
(2015)The study commences with a brief overview of the history of marriage and specifically of marriage in community of property with reference to marital power. The unique ex lege consequences of marriage in community of property ... -
The effect of sanctions and sanctions clauses in letters of credit on the independent nature of these instruments
(North-West University (South Africa), 2023)Two essential principles of letters of credit are autonomy and stringent compliance. Autonomy describes letters of credit as being distinct from and unrelated to the underlying agreement between the parties. The underlying ... -
The effect of the Protection of Personal Information Act of 2013 on the short-term insurance industry
(North-West University (South Africa), 2021)The value of information has seen a substantial increase in recent years. This is due to the rapid advancements in technology and the expanded digital manner in which society interacts. It is viewed as the cornerstone of ... -
The effect of the Taxation Laws Amendment Act 25 of 2016 on retirement planning
(North-West University (South Africa), Potchefstroom Campus, 2016)When the tax treatment of pension and provident funds before and after the implementation of the Taxation Laws Amendment Act 25 of 2016 is compared, the positive effect of this Act on retirement planning becomes clear. The ... -
The effect that section 21 of the Insolvency Act has on persons married in terms of the Islamic law
(North-West University, 2004)In die geval van die sekwestrasie van 'n insolvente persoon se boedel bepaal artikel 21 van die Wet op lnsolvensie, Wet 24 van 1936, dat die Meester beskik oor die afsonderlike boedel van die solvente gade, en met die ... -
The effectiveness of dispute resolution mechanisms within the South African labour law system : a critical analysis
(2012)Dispute resolution mechanisms in South Africa remain an important part of labour relations. These mechanisms provide structures whereby disputes are resolved in both the formal and informal sectors of the economy. Despite ... -
The effectiveness of the South African Employment Equity Act 55 of 1998 in adressing the past inequalitities in the workplace
(North-West University (South Africa)., 2009)Aim of the Study: The main aim of this study is to investigate and analyse the impact of labour and industrial legislative and policy frameworks on the marginalized groups in South Africa, particularly black people. This ... -
The effects of transfer of undertakings on employee rights in labour law and insolvency law : a comparative analysis
(2014)Common law, basically afforded employees the right to choose their employers. This freedom to contract was normally visible in instances of transfers of undertakings and it, therefore, meant that an employer could not ... -
Die effek van die Nasionale Kredietwet op die sekwestrasieprosedure
(North-West University, 2012)This study investigates the effect of the debt counselling procedure, as well as the other provisions of the National Credit Act, on the choice of the debtor or creditor to make use of the sequestration procedure in terms ...