The general principles of the law of agency form the basis of representation in South
African company law. A unique set of agency principles have however developed in
company law as a result of specific needs that arose from the application of certain
company law doctrines (for example the doctrine of constructive notice, ultra vires
doctrine, doctrine of disclosure and the Turquand rule) in this field of study. An attempt
is made to elucidate the contiguity of these doctrines.
The common law position regarding agency was originally regulated by the Roman
Dutch principle of direct agency. This was coupled with extensive regulations regarding
the relationship between principal and agent. These regulations have not provided a
solution to the questions regarding agency in a modern society. A very strong need for
the development of South African agency law arose as a result of this. English law
provided the source for the development of the South African law of agency. The result
of the development is that the law of agency in South Africa has a Roman Dutch base,
but is strongly influenced by English law principles in this regard. The hybridisation of
the South African legal position has provided some solutions. It must however be noted
that this process has also created numerous problems. The question can be posed
whether the game is worth the candle.
If the position regarding agency is considered in other jurisdictions as well as in the law
of close corporations it is clear that the only solution seems to be that the legislature has
to remedy the situation. This has however not been done in South Africa. The South African law of agency in a company context is plagued by many difficulties.
Possible solutions for these problems are provided. The research has been done on a
comparative basis. The legal positions in Australia, England and the USA have been
selected for this purpose.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:ufs/oai:etd.uovs.ac.za:etd-10122009-104236 |
| Date | 12 October 2009 |
| Creators | Rabie, Pierre Jacques |
| Contributors | Prof JJ Henning |
| Publisher | University of the Free State |
| Source Sets | South African National ETD Portal |
| Language | en-uk |
| Detected Language | English |
| Type | text |
| Format | application/pdf |
| Source | http://etd.uovs.ac.za//theses/available/etd-10122009-104236/restricted/ |
| Rights | unrestricted, I hereby certify that, if appropriate, I have obtained and attached hereto a written permission statement from the owner(s) of each third party copyrighted matter to be included in my thesis, dissertation, or project report, allowing distribution as specified below. I certify that the version I submitted is the same as that approved by my advisory committee. I hereby grant to University Free State or its agents the non-exclusive license to archive and make accessible, under the conditions specified below, my thesis, dissertation, or project report in whole or in part in all forms of media, now or hereafter known. I retain all other ownership rights to the copyright of the thesis, dissertation or project report. I also retain the right to use in future works (such as articles or books) all or part of this thesis, dissertation, or project report. |
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