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The capital maintenance doctrine presupposes that a company’s capital must not be returned to its shareholders. The doctrine was anchored on three rules, one of which was that a company cannot acquire its own shares as this amounted to a diversion of capital to the shareholders whose shares were acquired. This rule was partly rationalized as protecting the interests of shareholders. In South Africa the rule was embodied in s 85 of the Companies Act 61 of 1973. However, it was amended by s 9 of the subsequent Companies Amendment Act 37 of 1999 to provide that a company can acquire its own shares if certain substantive and procedural requirements were satisfied. Upon the enactment of Companies Act 71 of 2008, the requirements have not been substantially altered. They are partly geared towards protecting shareholders by ensuring that shareholders are treated equally and fairly. Moreover, the Johannesburg Securities Exchange Limited (hence the JSE Limited) was empowered by the Companies Act 61 of 1973 to promulgate requirements to be met when a company wishes to acquire its own shares. The Companies Act 71 of 2008 does not in express terms empower the JSE Limited to develop requirements to be met when a company wishes to acquire its own shares. However, the Act expressly requires that a listed company wishing to acquire its own shares must also comply with the requirements of the relevant exchange. Such requirements can therefore be deemed to subsist even amidst the new Act as an internal regulation of the JSE Limited. The said requirements are also partly aimed at protecting shareholders, largely by ensuring that adequate information is availed to shareholders to empower them to make informed decisions. / Private Law / LL. M. (Company Law)

This dissertation reconstructs Ashkenazi and Sephardi German Jews’ intensive pursuit of civil and religious rights before Germany’s Imperial Supreme Court (Reichskammergericht, the Imperial Chamber Court) in the context of the wide-ranging religious and legal reforms in the sixteenth and seventeenth centuries. Through my systematic analysis of 75,000 court records and my examinations of manuscripts and early printed materials from more than thirty archives across three continents, I study hundreds of previously untapped Supreme Court cases alongside religious and legal sources in German, Hebrew, Yiddish, Spanish, Portuguese, and Latin. I take an integrative approach to this wealth of sources to argue that by using the Supreme Court in numbers that far exceeded their proportion of the population, including in matters that pertained to Jewish law, this litigious minority generated grounds for inter-religious exchanges with the court’s Christian lawyers and judges. These lawyers endeavored to understand and incorporate Jewish law into imperial procedure, not merely due to their commitment to conflict resolution, but also due to their interest in advancing the universal applicability of Roman law as a sophisticated tool to conjoin the different limbs of the empire into a cohesive state. These efforts led the Supreme Court, and therefore the state, to protect rabbinic law and secure the continuation of a Jewish presence in Germany, thus moving in an opposite direction from key religious reformers and local authorities. This dissertation reveals that the study of Jews’ surprising strategies of interconnecting law and religion in defense of themselves and their religious laws promoted Jews’ civil rights in radical ways, and attained a de facto status of imperial citizenship for Ashkenazi and Sephardi-Portuguese Jews. Unearthing knowledge from the archives, this dissertation redraws the porous boundaries between Jewish and non-Jewish legal cultures and calls for a reconsideration of early modes of Jewish citizenship. Showing how Jewish women and men, including Iberian refugees, employed litigation as an anti-nomadic tool against pending expulsions, this dissertation also challenges prevalent conventions on weak Jewish responses to persecution, forced migration, and the agency that ethnic and religious minorities can wield in state-building processes.

Mozambique is a least developed country (LDC), and is among the five lowest on the Human Development Index and is known to have no specific protection of people with disabilities (PWDs) with as up to specific legislation has been adopted but g but general laws on social welfare. Although the 2004 Constitution has a generic protection norm nothing much can be found in the whole system. Unfortunately, the 1990 Constitution was more protective and more specifics; the former roughly reduced the extent of protection that existed before. It can be said that Mozambique does not have any protection of PWDs at all. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2011. / http://www.chr.up.ac.za/ / nf2012 / Centre for Human Rights / LLM

MPM / Oliver Tambo Institute for Governance and Policy Studies.

La Convention Internationale relative aux Droits de l’Enfant, ratifiée par la plupart des pays du monde, dont la Libye en 1991, a construit l’enfant en sujet de droit tant au niveauinternational qu’au niveau national. Cette convention constitue un système des droits del’homme consacré à l’enfant qui donc devient titulaire dès sa naissance. Elle présente aussil’ensemble des droits civils, politiques, culturels, sociaux et économiques de tous lesenfants. Plusieurs restrictions font obstacle face à la mise en oeuvre de ces droits.L’immaturité de l’enfant ne lui permet pas à d’en disposer avant qu’il reçoive laprotection nécessaire et l’éducation, conditions indispensables quant à l’usage à venir deses droits.Les mécanismes internationaux ne sont pas assez efficaces. Les travaux de contrôle duCDE ainsi que l’UNICEF sont trop souvent insuffisants, leur amélioration restant un défi àrelever pour une application plus concrète et réelle des principes engendrés par la CIDE.Aussi, au niveau étatique, on constate une disparité entre les engagements et la pratiquesur le terrain. Cette contradiction pose des difficultés rencontrées dans la réalisationpratique des dispositions de cette convention et qui doivent trouver leur solution dans unecoopération internationale effective.La mise en oeuvre de la CIDE dans l’ordre juridique libyen pose encore desinconvénients. Les restrictions socioculturelles conduisent à de multiples conflits entre lesnormes internationales et celle du droit musulman. Malgré des actions pour améliorer lasituation il en reste de trop nombreuses à réaliser afin que les enfants de notre payspuissent être considérés avec égalité et comme ceux des autres pays. / The International Convention on the Child’s Rights, ratified by almost all the countriesin the world, including Libya in 1991, has established the children’s legal rights as subjectof law, both at the national and international levels.This convention built up a system of human rights devoted to the child where hebecame a rightsholder from his birth. It also provided him with the full array of civil,political, cultural, social and economic rights of all children. The implementation of theserights is met with several limitations and obstacles.The immaturity of the child does not permit him to dispose of them before he receivesthe necessary protection and education, all this being prerequisites for the future use of hisrights. International mechanisms are not effective enough. The control functions of theCRC and UNICEF are too often inadequate and their improvement is a challenge for amore concrete and real principle generated by the CRC.Besides, at a state level one can notice a discrepancy between commitments and whatreally happens on the field. This contradiction raises difficulties for the practical realizationof the measures of this Convention, which must find their solution in effective internationalcooperation.The implementation of the CRC in Libya’s legal system has still some drawbacks. Thesocio-Cultural restrictions lead to several conflicts between international standards and theIslamic Law. Although some measures were taken to improve the situation, too manydifficulties remain that prevent the children from our country from being treated with thesame fairness and equality as those from other countries.

The legal status of a child and a registered partnership Abstract The topic of this master thesis is the legal status of a child and a registered partnership. The aim is to outline the current concept and status of family and parenthood, but also to list differences between registered partnership and marriage. The work is focused on how the Registered Partnership Act met the needs of homosexual couples, and whether registered partners have limited rights in comparison with spouses. The master thesis examines the registered partners' legal options to have or take care of a child. The thesis also deals with adoption and alternative care, and states legal duties and rights between parents and children. In conclusion, it describes foreign homosexual partnerships regulation on the selected examples of Slovakia and France. The thesis is divided into six chapters. The first chapter on family and parenting focuses on the role of the family in contemporary society and its recent development. It also briefly mentions parenting, assisted reproduction, and surrogate motherhood. The last part is focused on homosexual couples and their options while starting a family. The second part deals with registered partnership in relation to marriage. It contains individual provisions of the Registered Partnership Act which are...

The principle of equal pay for men and women workers for equal work in professional sport This thesis is based on the hypothesis that given the available data on the different rewards of professional athletes and the fact that these rewards are not regulated or monitored in any way, it is likely that there is discrimination in pay in the field of professional sport. The aim of this thesis is therefore to assess whether this hypothesis is correct and whether any rules of remuneration in sport are in fact discriminatory in the context of European law. In order to verify the hypothesis, the thesis first deals with the legal regulation of the principle of equal pay and the question of the application of EU law to sports activities. In that context, it also deals with the question of the legal position of professional athletes as workers and service providers and examines whether the principle of equal pay is applicable to the nature of their sport activity as an exercise of work. Based on available studies, the thesis outlines the situation of remuneration across various sports and with the help of selected examples of sports such as football, basketball and tennis, also points out the causes of different rewards and other aspects of the issue, such as the lack of women in leadership positions, the...

The purpose of this study is to gather and to present information on the liability structure of our legal system in such a manner as to help the classroom teacher to understand more fully his legal responsibilities and thus relieve him of unwarranted fears regarding accidents and injuries resulting from classroom activities. It is hoped that this study will ultimately contribute to the security of those who read it and give encouragement to those who seek to enrich their classes by means of the experience type curriculum. / Typescript. / "A Paper." / "Submitted to the Graduate Council of Florida State University in partial fulfillment of the requirements for the degree of Master of Science." / "August, 1956." / Advisor: Edna E. Parker, Professor Directing Paper. / Includes bibliographical references.

This thesis critically examines the statutory unfair prejudice remedy provided for in section 163 of the Companies Act 71 of 2008 (‘the Act’). Section 163 is evaluated against its equivalents in England, Australia and Canada. Section 163 is considered against its predecessors to determine whether problems associated with the formulation and application of its predecessors have now been eradicated. It is argued that although it is important to ensure that company legislation is able to provide protection of an international standard to shareholders to be able to attract capital investment in a competitive market, one has to be cautious of slavishly following legislative trends in foreign jurisdictions. The South African legislature indiscriminately incorporated only parts of the Canadian unfair prejudice remedy in section 163. This approach also resulted, amongst others, in the introduction of foreign concepts. The legislature further failed to take cognisance of the unique historical developments relating to the unfair prejudice remedy in South Africa. This has led to the reintroduction of problems experienced with previous formulations of the statutory unfair prejudice remedy in South Africa and left certain problems relating to the interpretation and application of the statutory unfair prejudice remedy unresolved. Consideration is also given to the interrelationship between section 163 and some of the statutory remedies in the Act. Section 163 is also assessed in the context of the Constitution of the Republic of South Africa, 1996. In conclusion, recommendations for possible legislative amendments are made and an interpretational framework for the interpretation and application of the statutory unfair prejudice remedy in section 163 is provided. / Mercantile Law / LL. D. (Mercantile Law)