This thesis explores the protection of ownership of corporeal moveables in Scots law with particular reference to the position of a good faith acquirer from a non-owner. It exposes three fundamental tenets of Scots property law to critical scrutiny: the sharp theoretical distinction between possession and ownership, the requirement that the owner consent to derivative transfer and the right of the owner to recover his or her property from any third party in possession. In many other civil law jurisdictions, greater protection is afforded to the bona fide purchaser. The thesis explores the historical and doctrinal reasons for the strong protection of the original owner in Scots doctrine, including an important Romanist tradition but also a significant moral and theological emphasis on the duty to restore, particularly in Viscount Stair’s influential Institutions. Utilising a historical and comparative approach, the first part of the thesis outlines the development of early Scots law and the foundation of the modern Romanist structure of the law governing transfer of moveables. It is argued that the modern patchwork of exceptions to the nemo plus rule lacks any unifying justificatory principle and produce often uncertain results. The thesis also examines the various justifications advanced for protecting good faith acquirers. The most frequently cited explanation is that of promotion of commerce, but significant difficulties are identified with this argument. It is further concluded that the publicity afforded by possession is not sufficient for it to justify protection of acquirers. In terms of security and certainty of rights, good faith acquisition is not a panacea for the problems associated with highly mobile property such as vehicles. However, in light of the deficiencies of the current Scots law rules, a clear doctrine explicitly conferring ownership in more precisely defined circumstances would be preferable.

Different researchers commit themselves to differing hypotheses when addressing the relationship between attitudes to unauthorised copying of software and the level of moral development. Some concentrate on moral intensity, others on moral judgement and still others on ethical decision-making. Some researchers assert that no one single hypothesis is correct but that certain hypotheses will be true under certain conditions. The idea that there is no single correct hypothesis has paved the way for the consideration of moderator variables of the attitudes to unauthorised copying of software and the level of moral development relationship. One variable in particular, that is, the Knowledge of Intellectual Property laws, has not yet been empirically examined in terms of its capacity as a moderator for this relationship. This exploratory, non-experimental, cross-sectional design explores the relationship between attitudes to unauthorised copying of software and the level of moral development as well as the effect of Knowledge of Intellectual Property laws on this relationship. A questionnaire was distributed to three medium-sized organisations in the Johannesburg area. The questionnaire consisted of a biographical blank and three different scales. The biographical blank was used as a means of examining the computer background of the respondents whilst the scales measured respondent attitudes to unauthorised copying of software, levels of moral development and respondent knowledge of Intellectual Property laws. The researcher received responses from 150 respondents from across the three organisations. It was with these 150 responses that two types of analyses were conducted. The initial analysis was a Pearson’s Product-Moment Correlation which was used to determine the nature of the relationship between attitudes to unauthorised copying of software and level of moral development. The second analysis was a moderated multiple regression which was used to determine the moderator impact of Knowledge of Intellectual Property laws on the relationship between the independent and dependent variables. The results of the correlation indicated that there is a significant positive relationship between the respondents’ attitudes to unauthorised copying of software and the level of moral development. Additionally, there are significant relationships between each measured level of moral development with the respondents’ attitudes. The moderated multiple linear regression revealed that Knowledge of Intellectual Property laws does not have a moderating effect on the relationship between attitudes to unauthorised copying of software. A discussion of these findings is included together with limitations and practical implications of the study as well as recommendations for future research.

The purpose of the thesis "Contract of sale under business law" is to compare changes of the contract of sale, which occurred as a result of the newly adopted Act No. 89/2012 Coll., Civil Code. The aim of this thesis is to simultaneously take into account the proposal for a European Parliament and Council Regulation on a Common European Sales Law (Common European Sales Law, CESL). The thesis also focuses on selected provisions of the purchase - especially rules governing the acquisition of ownership from unauthorized (and the related principle of good faith) under the new Civil Code. Rules governing the acquisition of ownership were significantly changed. Thesis attepmts to specify rules which are applied in the case one of the contracting parties is in the possition of a consumer. Specific features of contracting process must be taken in consideration due to the protection of consumers and or small and medium- sized enterprises. The thesis is focused on selected aspects of the contract of sale, thus the purchase of property, asset deal or liability for defects are mentioned only in passing.

Magister Legum - LLM / An agent acting in excess of his authority creates several legal problems, particularly in company law. In South African law, like in many other legal systems around the world, the interplay between the doctrines of ultra vires and constructive notice has, historically, played a profound role in governing the relationship between a company, its representatives, and outsiders. For decades, the contractual capacity and consequent liability of companies have been guided by thorny and intricate legal principles. This issue has become especially intriguing in light of the changes to the company law regime introduced by the new legislation. The relevant sections of the Companies Act 71 of 2008 (the 2008 Act) that allow for the restriction of a company's powers, require close scrutiny and thoughtful consideration. To that end, this thesis shall examine some of the legal consequences arising from the conclusion by a company's agent of an "unauthorised contract".

This is a qualitative study that has reviewed decision reports on academic cheating with content analysis as a method, aimed to investigate the actions that has led to disciplinary action and illustrate how students motivate their actions. The result shows that plagiarism is the main act that has led to disciplinary action. In the cheating plagiarism, the approach varies from the fact that the plagiarized texts may originate from students from other universities, classmates or it may be the result of collaboration between students. In the other cheating form unauthorised aids, the procedure is similar to the approach in terms of students bringing unauthorised aids on the examination. What varies is what kind of assistant students bring such as mobile phones, notes or writing sheets. The study can determine that student motivations for their actions may vary but include causes such as mistakes, pressed study situations and lack of resources, lack of time and stress, lack of knowledge and misinterpretations of the university rules.

The evolution of various payment instruments shows a marked inclination away from the reliance on physical currency. This has, in turn, led to the construction of new manifestations of wealth. Due to revolution and developments of technology, payment can be made by various means such as physical delivery of conventional money (coins and bank notes) from the payer to the payee, but may also be made through tangible paying methods other than negotiable instruments such as debit or credit card or by way of electronic funds transfer. The development of payment systems makes it a reality for consumers to choose their preferred method of payment suitable for their banking needs and circumstances. Electronic funds transfer is a generic term that embraces any transfer of funds in which electronic techniques replace one or more of the steps in the process that were previously done by paper-based techniques. This includes automated teller machines, the transfer of funds at the point of sale, direct deposit or withdrawal of funds and funds initiated by telephone. The use of electronic funds transfer systems is described as the ultimate act of payment for not only is the value which is transferred reduced to a symbolic form, but the symbolic form itself is removed from the immediate possession of the parties to the transfer, payment also essentially becomes the transfer of information. Electronic funds transfer are easy and convenient to use. However, new technology has not only provided an ever-increasing range of electronic payment products, it has also had far-reaching effects on the way in which banks operate. Owing to the lack of legislation in South Africa to regulate the use of electronic funds transfer, banks rely on the law of contract and mandate to exempt themselves from liability. Therefore, the research problem that this dissertation aims to address revolves around the legal implications of electronic funds transfer, This includes the questions surrounding reversal and recovery of electronic funds transfer when payment is considered to be final and complete. Ultimately, I will attempt to address apportionment of liability between banks and consumers. / Mini Dissertation (LLM (Banking Law))--University of Pretoria 2020. / GCRA Bursary / Mercantile Law / LLM (Banking Law) / Unrestricted

130 English Abstract This diploma thesis deals with the issue of acquisition of property from an unauthorised person. Such a possibility deprives the owner of legal protection of his/her ownership rights in favour of protection of good faith of the acquirer, who thus can acquire ownership even though the transferor is a neither an owner nor authorised for any other reason to dispose with the property. The new Civil Code which entered into force on 1 January 2014 introduces new rules governing such situations, while differing significantly from the previous legislation. Legislation which was in effect until 1 January 2014 was inadequate, in particular due to dichotomy between Civil Code and Commercial Code. Another significant deficiency represented the lack of possibility of acquisition of immovable property registered in the cadastral register from an unauthorised person. Material publicity applied only to a limited extent and did not provide sufficient protection to persons who trusted that the rights recorded in the cadastral register also objectively existed. The diploma thesis is divided into six chapters and analyses the institute of acquisition of property from an unauthorised person in its broader context. The first chapter describes ownership right and manners of its acquisition as well as the...

In current supply chains, the context of subcontracting is majorly connected to unauthorised subcontracting with negative conjunction which has created the fear of discussing subcontracting. However, previous research presents subcontracting as a common practice within fashion and apparel supply chains, however, nearly no study has focused on elaborating the authorisation process. Therefore, this thesis explores the potential of authorising subcontracting to bring benefits for fashion and apparel brands, and aims to identify conditions from a brand’s perspective which need to apply for the authorisation process. Underpinned by the social exchange theory, circumstances within buyer-supplier relationships are discussed in which the ideal balance of power-dependence may lead to an open and effective communication environment for the treatment of subcontracting. Empirical data is collected through seven interviews with a qualitative research outlook. This revealed the significance of buyer-supplier relationships within which honesty, trust and transparency are building the basis for the discussion of subcontractors. Moreover, the findings further indicate that brands may have the benefit of having better capacity availability, more effective lead times, and the potential to have a broader production specialisation when embedding and authorising subcontractors. However, the conditions of keeping full control of the subcontracted production needs to be ensured by the brand directly or through the supervision of the tier 1 supplier to ensure high production quality standards. This study provides a starting point to understand the process of communicating and authorising subcontracting within brands and tier 1 suppliers which provides worthful insights for scholars and practitioners. From a theoretical perspective, this research aims to highlight the positive aspects of subcontracting for brands while leading the research stream towards the context of authorising subcontracting which has been lacking so far. In addition, from a practical perspective, this study aims to support brands and additional stakeholder groups in understanding and supporting the authorisation process. This may be the solution to tackle the issue of unauthorised and hidden subcontracting within the fashion and apparel industry.

Name: The acquisition of ownership My dissertation deals with the area of the acquisition of ownership, more precisely acquisition of title. I chose this topic after consulting my supervisor at the beginning of my course in 2010. During the course of my studies, however, a new Civil Code (Act no. 89/2012 Coll.) was adopted and came into effect in January 2014. This therefore presented an opportunity to compare the existing regulations contained in Act no. 40/1964 Coll. (now designated as the old Civil Code) with the new regulation, as well as with other regulations such as Act no. 141/1950 Coll. (designated as the middle Civil Code), the government draft of the Civil Code dating from 1937 which was never adopted due to the developments in the political situation and the General Civil Code which was adopted from the Austrian law known as the ABGB (Allgemeines bürgerliches Gesetzbuch ). Some institutions of original acquisition have also been compared with the German BGB (Bürgerliches Gesetzbuch) or the new Russian Civil Code. The dissertation initially deals with the area of the acquisition of title in general, i.e. the terms possessory title and ownership and their associated institutions, such as limitations to possessory title, the area of possession and the terms main thing, component part of a thing and...

Text in Afrikaans / Parralel met die snelle groei van rekenaartegnologie en die groteiwordende rol wat rekenaars in ans alledaagse lewe speel, is daar ongelukkig 'n toename in die misbruik van rekenaars. Benewens die wyses om rekenaarmisbruik by wyse van remedies in die siviele reg aan te spreek, is dit hoofsaaklik die taak van die strafreg om sodanige misbruik te kriminaliseer en deur middel van straf sulke misbruik te voorkom en oortreders af te skrik. Uit 'n ontleding van die Suid-Afrikaanse strafreg het dit geblyk dat bestaande misdrywe, beide gemeenregtelik en statuter, nie voldoende rekenaarmisbruik kan kriminaliseer en aanspreek nie. Wetgewing blyk die mees gepaste optossing te wees. Uit 'n regsvergelykende studie van die hantering van rekenaarmisbruik in jurisdiksies waar die wetgewer verskillende benaderings toegepas het, het dit geblyk dat die mees gepaste wyse om rekenaarmisbruik te kriminaliseer sal wees om ongemagtigde rekenaarbetreding as moedermisdaad te bestraf aangesien dit die fondament is waarop enige verdere misbruik van 'n rekenaar gebaseer word. Daarbenewens moet verdere meer spesifieke misbruikshandelinge wyd omskryfword as misdrywe, ten opsigte van meer emstige misbruik na betreding van 'n rekenaar / Parallel with the growth in computer technology and increasing use of computers, there has been an increase in computer misuse. In addition to addressing different methods of computer misuse in terms of civil law remedies, it is mainly the task of the criminal law to criminalise such misuse, prevent computer misuse and deter offenders by means of punishment. It was clear from a study of South African criminal law that existing offences, both statutory and in terms of the common law, do not criminalise and address computer misuse effectively. It therefore seems that legislation would be the most appropriate solution. It appeared from a comparative study of jurisdictions where legislators approach computer misuse differently, that the most effective way of criminalising computer misuse would be to criminalise una1,1thorised computer accessing as basic offence. In addition thereto more specific further acts of serious computer misuse, defined broadly, should be criminalised / Criminal & Procedural Law / LL.M. (Criminal & Procedural Law)