LL.M. / Please refer to full text to view abstract

Thesis (M(Diplomatic Studies))--University of Pretoria, 2003. / Includes bibliographical references. Available on the Internet via the World Wide Web.

LL.M. / Please refer to full text to view abstract

LL.M. / Please refer to full text to view abstract

The General Laws of Agency do not supply a full answer in circumstances where the principal is a company. These laws have undergone certain changes and extentions to suit the company which, as principal, cannot perform any act, by reason of the fact that it is a fictious entity. These changes were brought about by the English Doctrine of Constructive Notice and the Turquand Rule, as well as Section 36 of the Companies Act (Changes); and the Doctrine of Estoppel (Extention). Abolition of the Doctrine of Constructive Notice and the Ultra Vires Doctrine is pleaded on the one hand and the retention of the Turquand Rule, which must be kept distinct from Estoppel, on the other. Contracting with companies will hereby be simplified and become more practical. This will bring our company law on par with modern company law developments, especially those of England.

Submitted in partial fulfilment of the requirement for the degree of Master of Laws by Coursework and research report at the University of the Witwatersrand, Johannesburg, 2018 / This research report seeks to interrogate whether some of the notable limitations which led to the dismal failure of the Judicial Management as a corporate rescue mechanism effectively remain subversive to the business rescue procedure which is intended to prevent the same experiences of the past. The research will thus be limited to the consideration of only those limitations which were problematic under Judicial Management and yet appear not to have been sufficiently addressed by Chapter six of the Companies Act 71 of 2008. It will be acknowledged that the business rescue procedure stands to be largely progressive. However, the bulk of this research is intended to show that the complicated nature of the business rescue provisions coupled with some drafting oversights on the part of the Legislature leaves the procedure vulnerable to the same issues which affected its predecessor. Specifically, the imprecise and complicated nature of sections 131(4) and 133(1) of the 2008 Companies Act makes the procedure vulnerable to judicial conservatism, the same challenge which was most contributory to the failure of Judicial Management. This has in turn resulted in several inconsistent decisions in the interpretation of these provisions which causes unnecessary uncertainties deleterious to the intended purpose for which the business rescue mechanism was enacted. / XL2019

LL.M. / Please refer to full text to view abstract

Thesis (M.LAW) --Univesity of Limpopo, 2010 / This study investigates the operation and application of the rule of law in South Africa from the colonial era to the new constitutional dispensation. The study also investigates the relationship between the rule of law and the modern conception of constitutionalism.

No abstract available. / Thesis (LL.M.)-University of Natal, Durban, 1981.

Thesis (L.L.M. (Law)) - Rhodes University, 2009.