Property around the world is regarded as a pillar of wealth creation. South Africa is no exception, being a capitalist society with residential property by large forming a base of individual wealth, as an investment class. A new set of legislation which was promulgated in June 2007 and which promotes and advances the social and economic welfare of South Africans, by advocating a fair, transparent, competitive, sustainable, responsible, efficient, effective and accessible credit market industry thereby ultimately protecting the consumer. This new legislation, the National Credit Act 34 of 2005 replaced the Usury Act 73 of 1968 and the Credit Agreements Act 75 of 1980. The effects of this legislation ricocheted into the South African economy generating conflicting outcomes. The purpose of this research investigated the paradoxical effect of the National Credit Act on the South Africa Residential Property Market. The dissertation first carried out a thorough review of the literature of the South African Legislation pertaining to the property market post and prior to the promulgation of the National Credit Act, South African Residential Property Market, South African Residential Rental Market and South African Building and Construction Industry. The study sought to validate the paradoxical effect of the legislation by analysing secondary data to investigate the contribution and correlation of mortgage loan advances, residential rental market growth and residential construction activity. The analyses revealed a strong direct correlation between the implementation of the National Credit Act and mortgage loan advances; residential rental growth and the performance of the residential construction industry, respectively. The data analysis from the questionnaires carried out on six residential property developers further reiterated the strong correlation as illustrated by the secondary data analyses. The main findings of this study revealed that the implementation of this legislation resulted in a paradoxical effect on the South African property market. Home ownership decreased, while rentals sky-rocketed, forcing households to accede to higher rentals which are not governed by the Act. Furthermore, confidence as well as job creation in the residential construction industry slumped to an all time low, resulting in job losses and fewer homes being built. The research therefore concluded that the decline in the home ownership market and the consequential growth in the residential rental market is a result of the implementation of the National Credit Act and substantiates the paradoxical effect of the Act. / Thesis (M.B.A.)-University of KwaZulu-Natal, Westville, 2009.

No description available.

Intellectual property law theory is premised on a utilitarian justification granting limited time monopolies for encouraging creation, innovation and its dissemination to society. However, in the last several decades, scholars have been mounting empirical evidence to show that in some industries, creativity and innovation exist outside the contours of intellectual property law and thrive despite their lack of reliance on the laws. Instead, what they uncovered is that creators in these industries follow norms that mitigate issues surrounding some kinds of copying. Intellectual property protection for fashion design in Canada is fragmented across a complex legal landscape that entails several different laws, unique in scope, eligibility requirements and rights. This complex framework is not unique to the fashion design industry but is similar for design industries generally. Navigating through these laws can be daunting and thus inaccessible for the some segments of the design industry that are small to medium sized enterprises (SMEs) that have limited resources to expend on legal advice and registration. Using grounded theory methodology and qualitative and quantitative methods, this research explored the use of intellectual property law and social norms by the independent fashion design segment in Montreal and in Toronto and the contours of copying and the public domain. What the empirical research reveals is that independent fashion designers do not use the law to protect their designs and instead, use mechanisms that centre on the negative copying norm. Negative copying is copying that is negatively perceived. It is not necessarily legally infringing or economically harmful, although it can be both. Further, it can apply to subject matter that is not the subject matter of intellectual property law. This norm against negative copying is supported by extra-legal prevention and enforcement mechanisms that have been developed by individuals within the segment in order to mitigate the issue of copying. The empirical research also reveals that in addition to the economic incentives to create, there are also a number of non-economic incentives such as identity and reputational interests that drive creativity and help reinforce the norm against negative copying. Using grounded theory enabled me to draw on literature from a number of disciplines in order to help contextualize these findings and approach the analysis from the perspective of intellectual property theory, policy and law, social norms (sociology and psychology) as well as economic geography, and design.

This thesis deals with the analysis of private forest ownership and tries to evaluate the effectiveness of the regulation of forest ownership in the Czech Republic. Its aim is to compare the impact of regulation on private forest owners and those owners who own forests in protected areas. The study confirmed the hypothesis that the regulation of forest ownership has a negative impact on individual private owners, while limiting the power of property rights. Forest owners in protected areas face higher costs in forest management and greater supervision in the performance of their activities when compared to other private owners. However, multiplication of the impact of regulation layout rights for forest owners in protected areas does not change the motivation of these owners.

No abstract available / Dissertation (LLM)--University of Pretoria, 2013. / Private Law / unrestricted

L'influence du temps sur le droit immobilier pose plusieurs problèmes notamment quant à la qualification des termes utilisés. En effet, définir le temps, notion immatérielle par excellence, et le droit de l'immeuble, droit concret, semble paradoxal. Pourtant l'analyse de ces deux notions illustre les liens qui les unissent. Le droit immobilier utilise le temps pour créer, restreindre, voire éteindre certains droits et ce durant toutes les phases de l'immeuble : de sa construction à sa destruction. On oscille entre célérité et immobilité. Parallèlement le temps use l'immeuble, et le droit doit alors pallier les conséquences néfastes par le biais de diverses mesures. Il convient de trouver entre ces deux notions, de prime abord antinomiques, un juste équilibre qui permettra, tant dans leur approche théorique que dans leur application, au droit immobilier d'évoluer constamment et d'être le reflet d'une humanité en perpétuel mouvement. / The influence of time over property law is problematic mainly due to the qualification of the terms employed. Indeed, defining the concept of time, an ultimate immaterial notion, and property law, a very specific law, seem paradoxical. Nevertheless, the analysis of these two notions demonstrates how they are linked. Property law uses time to create, restrict, extinguish certain rights - during all the stages of the building : from its very construction to its complete destruction. We swing between quick response and immobility. In parallel, time undermines the building, and therefore the law has to respond to the harmful consequences through various measures. As such, it must be found between these two notions, at first contradictory, a balance that will allow, in their theoretical approach as well as in their application, property law to constantly evolve and be a reflection of humanity in perpetual motion.

The Mississippi Married Women's Property Acts of 1839, 1846, and 1857 reflected the desire of the Mississippi patriarchy to protect themselves from economic instabilities. Analysis of women's deeds in Jefferson county, Mississippi, from 1792 to 1871 and the rulings of the Mississippi High Court of Error and Appeals demonstrate the patriarchy's attempt to balance their desire for preservation of power with honor's demands that patriarchs provide for their families. The MWPA gave women the right to own property in their own names but restricted their ability to use and alienate that property. This made women property owners in name only, an action that preserved a portion of a family's estate which husbands controlled but which could not be taken from them. Women benefited in small ways from men's desire to protect personal wealth in Jefferson county. Women's property transactions there rose over the century—the increase roughly correlating with the passage of the 1839 law and its amendments. Court cases reveal that men and women acted as it best suited them financially employing the MWPA pragmatically rather than deliberately to widen women's sphere. The 1846 amendment essentially constitutes the legislature's response to these individual interpretations of the law, and the 1857 amendment is a digest of further additions and clarifications of the MWPA by the High Court itself. Legislative action and High Court rulings clarify the intent behind the MWPA regarding women's place and role in family and society. It is evident that the design of the law was not to bring gender equality to property law or to recognize the wife as a separate entity within the marriage This is the message of the various versions of the Mississippi MWPA and the resultant court decisions: vesting property in an inert owner ensures that it will be safe from the claims of predacious creditors and therefore available in perpetuity. The Mississippi MWPA in essence designated married women as a sure investment for their families' financial preservation.

This paper defends Israel's expropriation of property under the Absentee Property Law within the state’s pre-1967 borders on constitutional grounds, but holds that the Law’s increased use in the region of East Jerusalem is invalid under Israel's constitutional scheme. This distinction turns upon the state’s application of the Law for necessary purposes. I hold that Israel’s justification for breaching human rights explicitly protected must be based on the state’s need to preserve its foundational ideology and national purpose in times of extra-normal circumstances. Israel may act undemocratically only to the extent imperative to preserve the Jewish nation and the existence of the Jewish state for generations to come.

This article analyzes the missing rule and ruling about the protection of characters and fictional objects which are part of works covered by copyright. The author systematizes the criteria used in the administrative jurisprudence for conflicts between the intellectual property and the industrial property to extract specific rules in cases that involve fictional objects and characters, establishing and proposing criteria to find out the originality of these elements. / El presente artículo analiza la omisión normativa y jurisprudencial sobre la protección de los personajes y objetos de ficción que son parte de las obras protegidas por el régimen de derecho de autor. El autor sistematiza los criterios utilizados en los casos de jurisprudencia administrativa en conflictos existentes entre la propiedad intelectual y la propiedad industrial para extraer las reglas específicas existentes en casos que involucran objetos de ficción y personajes, estableciendo y proponiendo criterios para encontrar la originalidad de estos elementos.

Domestic Violence is a pervasive social evil which must be combated with every means possible. To this end, the legislator enacted the Domestic Violence Act, 116 of 1998 (hereafter referred to as the DVA) to provide for a fast and accessible process by which the victims of domestic abuse can obtain an interdict to protect themselves against further acts of violence. Section 7(1)(c) of the DVA allows for a court, when considering an application made for a protection order in terms of the Act, to make an order prohibiting the Respondent from entering the shared residence of the Applicant and Respondent. Section 7(1)(d) allows for a court, when considering an application as mentioned, to make an order prohibiting the Respondent from entering any specific part of the shared residence. It is argued that the orders provided for in sections 7(1)(c) and (d) amounts, de facto, to an order that evicts the Respondent from the shared residence. Evictions are a traumatic procedure for the person(s) concerned, and endangers a large variety of human rights. It should therefore be approached with extreme caution to ensure that no person’s fundamental rights are infringed. Section 26(3) of the Constitution of the Republic of South Africa, 1996 (hereafter referred to as the Constitution) determines that no person(s) may be evicted from their home without a valid order of court, which order should be granted only after taking into consideration all the relevant circumstances. Specific pieces of legislation have been enacted to regulate the eviction process, prescribing specific procedures and setting requirements for a legal eviction. When an order is given in terms of section 7(1)(c) of the DVA, these procedures are not followed and the requirements are not met, resulting in illegal evictions. These orders may further infringe upon certain fundamental rights of the Respondent, such as the constitutional property rights set out in section 25, and the right of access to the courts. The concerned sections of the DVA can be justified under section 36 of the Constitution. However, it is argued that the DVA is in practice frequently misused by applicants, to such an extent that it becomes a tool of abuse, defying the whole purpose of the Act and extreme caution should be used by presiding officers when considering applications for orders in terms of sections 7(1)(c) and (d) of the DVA. / LLM, North-West University, Potchefstroom Campus, 2015