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Department of Private Law: Recent submissions

Now showing items 1-20 of 215

A comparison of Dutch and South African legal mechanisms to address parental alienation

Steenkamp, Francois Rudolph (2024)

This mini-dissertation examines the phenomenon of parental alienation (hereinafter referred to as PA) within a family law context and conducts a comparative legal analysis of the existing legal mechanisms available in South ...
The clean break principle on sharing pension interest upon divorce in South Africa is not as clean as a whistle

Moloi, Kesiame Kith (2024-02)

This study explores the historical treatment of pension benefits preceding the introduction of the clean break principle. It delves into the developments leading to the codification of this clean break principle concerning ...
Gender equality in customary marriages: Is the deregulation of customary marriages the solution?

Bakker, Pieter (Juta, 2023)

Although the Recognition of Customary Marriages Act 120 of 1998 (RCMA) contains provisions to ensure equality between the spouses in a customary marriage, the RCMA has serious deficiencies that are detrimental to the ...
Local child relocation in South Africa : a comparative legal analysis

Hunkin, Camilla (2023-03)

The Children’s Act 38 of 2005 lacks a detailed guideline that governs the local relocation of a co-parent and child, post-divorce or separation, within the borders of South Africa. Local relocation could either be relocation ...
The infringement of the right to bodily integrity where a body part has been seperated from the body

Ahmed, Raheel (2023-04-11)
The guardian’s fund as the appropriate receptacle of lump-sum future maintenance for children

Adriaan, Jemillo Cristopher (2021-08-09)

The Maintenance Act 99 of 1998 currently only provides for the recovery of arrear maintenance and the enforcement thereof but does not provide for an applicant to claim for future maintenance. The courts have tried to fill ...
Recognition and enforcement of foreign child support orders : a comparative analysis of Eritrean and South African law

Bereket Tsegai Embaye (2023-06-14)

Recognition and enforcement of foreign child support orders are characterised by persistent difficulties because, in most cases, child support orders are required to be re-evaluated over time because of changed circumstances. ...
South african courts’ differing approaches to determining children’s views in family law matters

Uys, Alet Magdaleen (2022-02-21)

This dissertation analyses thirteen South African judgments to establish how courts determine children’s views and wishes in legal proceedings. The judgments selected relate to child participation in divorce and care, ...
The influence of reasonableness on determining delictual or tort liability for pure economic loss – comparative conclusions

Ahmed, Raheel (LexisNexis, 2023-11-04)
The influence of reasonableness in determining delictual or tort liability for emotional distress or mental harm in American and French Law

Ahmed, Raheel (Faculty of Law, North-West University, 2023-06-13)

American and French law, like South African law, recognises claims for emotional or mental harm. Emotional, mental or psychological harm was recognised by the courts only in the nineteenth century and even though the ...
The influence of reasonableness in determining delictual or tort liability for psychological or psychiatric harm in South African and English Law

Ahmed, Raheel (Faculty of Law, North-West University, 2023-09-26)

Due to a lack of authority in Roman-Dutch law in respect of claims for psychological harm, our courts in South Africa relied on English law for guidance, in particular the tort of negligence, where emphasis is placed on ...
Drones, privacy and information privacy : a due diligence human rights analysis with reference to South African and Namibian legislation

Shaparara, Loide Anbelina (2022)
A comparative human rights approach to surrogacy arrangements : a study of India, South Africa and Nigeria

Adelakun, Olanike Sekinat (2023-05)

Surrogacy is an assisted reproductive technology method that enables a woman to carry the pregnancy of commissioning parent(s) to term and hand over the child after birth. This thesis examines the practice regulation of ...
Medico-legal issues relating to pharmacogenomics and the development of personalised medicine in the context of HIV and AIDS in South Africa

Molusi, Angela Patricia (2023-01)

The principle of pharmacogenetics and pharmacogenomics (PGx) in health research is not new. However, pursuance thereof has regained momentum in the 21st century. Despite the apparent demand to respond to adverse drug ...
Surrogate motherhood and assisted reproduction in South Africa : an analysis of selected constitutional and medico-legal issues

Auret, Elaine (2023-01-31)

The advancement in medical technology over the past few decades has brought hope to infertile people and same-sex couples to have their own families in circumstances where it would not have been possible for them otherwise, ...
An analysis and review of the legal complexities of land governance in the context of customary law in South Africa and Zambia

Phiri, Dimuna (2022-12)

The statutory legal systems in South Africa and Zambia are generally considered superior to customary laws and practices. Despite the co-existence of legal systems in both countries, it cannot be assumed that they receive ...
Integration of the Bride and the Courts: Is integration as living customary law requirement still required?

Bakker, Pieter (2022-10-24)

After 15 November 2000, a customary marriage must satisfy the provisions of section 3(1) of the Recognition of Customary Marriages Act 120 of 1998. Section 3(1)(b) incorporates the living customary law requirements into ...
A comparative legal study of corporal punishment and tri-nation law reform

Greeff, Laetitia-Ann (2021-10-25)

Since 1979 when Sweden became the first country to ban corporal punishment, there has been a steady increase in the number of countries prohibiting physical force as a disciplinary measure against children. To date, ...
Artificial intelligence and healthcare in South Africa : ethical and legal challenges

Jogi, Anisha Amarat (2021-05)

We find ourselves in an era of intelligent machines as technology pushes the boundaries towards the fourth industrial revolution. AI is already here in disruptive narrow forms, cutting across the globe and leaving almost ...
The right to fair, just and reasonable terms and conditions under the Consumer Protection Act and the German standard business terms legislation in comparative perspective

Adam, Andreas (2021)

This doctoral thesis deals with the right to fair, just and reasonable terms and conditions, set out in sections 48 to 52 of the Consumer Protection Act, and the theoretical and practical problems involved. These provisions ...

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