The United Nations (UN) Convention on the Rights of the Child, 1989
(CRC), the African Charter on the Rights and Welfare of the Child, 1990
(ACRWC) and sections 6(5), 10, and 31(1)(a) of the Children’s Act 38 of
2005 ...
Maunatlala, Refiloe Kgopotso(University of Pretoria, 2023)
This article discusses the consequences of the abolition of the rule of male
primogeniture by closely and critically discussing the outcome of the Bhe v
Magistrate Khayelitsha case. Therefore, exposing the effect ...
The Constitutional Court of South Africa recently handed down its fourth decision so far in the field of intellectual property. These decisions came against the backdrop of reforms and reform proposals concerning intellectual ...
Roark, Marc L.; Fox O'Mahony, Lorna(Springer, 2023-12)
Technology is rapidly transforming the landscape of land ownership and housing transactions, creating new types of consumer risk and new regulatory challenges. As markets, legal systems, and housing consumers navigate the ...
Daniels, Abel Nathaniel(University of Pretoria, 2023)
The objective of the study is to consider and examine factors that influence grounds and create circumstances which causes the variation clauses of procurement contract viz. deviation and expansion of procurement contract, ...
Baird, Sophy B.(Pretoria University Law Press, 2023)
Society as a whole has for eons been premised on the
importance of patriarchy and heteronormatity. During this time society
has seen gradual leaps regarding people in the LGBTQI+ community.
South Africa appears to be ...
This dissertation aims to assess and deal with the common law doctrine of supervening impossibility and the use of force majeure clauses in contracts, specifically during a pandemic such as the COVID-19 pandemic. Since the ...
The study has its motivation from the contentious South African Copyright Amendment Bill [B13-2017] that has been before Parliament for many years, and more recently, been passed by the National Council of Provinces and ...
Mabasa, Khobae Clementine(University of Pretoria, 2023)
Contract formation in the new age of advanced Artificial Intelligence has brought about varied world-wide legal concerns and debates. A preeminent and emerging legal concern is the legal capacity of the autonomous systems ...
This thesis argues for the inclusion of adequate choice of law rules for consumer adhesion contracts to ensure suitable protection measures for weaker parties in Ghana. To this end, the research seeks to add to existing ...
Mohlala, Kholofelo Mahlatse Napogadi(University of Pretoria, 2023)
South Africa has a hybrid legal system which comprises of among others, common law and customary law. Customary marriages are officially recognised under the Recognition of Customary Marriages Act 120 of 1998, however, ...
Mashangoane, Manoko Magdeline(University of Pretoria, 2023)
The research in this dissertation was conducted with the intention of providing an alternative viewpoint on the perceived unlawful dealings of unregistered credit providers while broadly examining the nature of the credit ...
Lekala, Mogoatike Johannes(University of Pretoria, 2023)
The research explores the impact of the Constitution,1996 on the common law of contract. A limited study of the relationship between the principles and rules of the law of contract and the open-ended values underlying the ...
Matsela, Tebello Bernice(University of Pretoria, 2023)
Colonialism and apartheid were alien forces that changed the trajectory of customary law in the legal systems of South Africa and Lesotho. The effect of this interruption positioned customary law as a secondary legal system, ...
There’s a general rule in South African law that says a party cannot raise the defence of estoppel successfully if it would lead to the enforcement of a void contract. The research project aims to expose and protect ...
This research project encompasses several essential objectives. It offers a holistic exploration of online contracts, providing a comprehensive definition and categorization of the types of online agreements. Concurrently, ...
Langa, Charity Ntokozo(University of Pretoria, 2023)
Many private hospitals in South Africa have consistently tried to discharge themselves from liability by having patients sign admission forms that contain indemnity or exclusionary clauses. They rely on standard legal rules ...
Customs that enforce heteronormativity, generally also safeguard the interests of society’s vulnerable, for instance orphans and widows, to name two examples. The recognition that non-heterosexual people is a minority group ...
South African jurisdictional principles governing cross-border litigation have seen minor development in recent years and as such, remained feudal and anachronistic. It is essential for South African courts to be equipped ...
Mutu, Perekeme(Pretoria University Law Press, 2023)
Studies have shown that children residing in countries affected
by armed conflict are more likely not to attend school as compared to
other children. This is the fate of millions of children in Northern Nigeria,
where ...