The Pretoria Student Law Review最新文献_第2页

MOVING BEYOND THE ABYSSAL LINE: THE POSSIBILITY OF EPISTEMIC JUSTICE IN THE ‘POST’- APARTHEID CONSTITUTIONALISM 超越深渊线:“后”种族隔离宪政中认识正义的可能性

The Pretoria Student Law Review Pub Date : 2023-03-13 DOI: 10.29053/pslr.v16i1.4514

Lilandi Niemand

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The Pretoria Student Law Review 比勒陀利亚学生法律评论

The Pretoria Student Law Review Pub Date : 2023-03-13 DOI: 10.29053/pslr.v16i1.4499

PSLR Journal Administrator

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WHAT IS IN A SURNAME? AN ENQUIRY INTO THE UNAUTHORISED NAME CHANGES OF MARRIED WOMEN 姓氏包含什么?对已婚妇女未经授权更改姓名的调查

The Pretoria Student Law Review Pub Date : 2023-03-13 DOI: 10.29053/pslr.v16i1.4511

Odirile Matladi

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THE APPRAISAL OF THE ‘MARKET OVERT’ PRINCIPLE VIS-À-VIS SALE OF GOODS IN ZAMBIA: A COMPARATIVE STUDY OF NIGERIAN AND SOUTH AFRICAN COMMERCIAL LAW 对-À-vis赞比亚商品销售的“市场公开”原则的评价:尼日利亚和南非商法的比较研究

The Pretoria Student Law Review Pub Date : 2023-03-13 DOI: 10.29053/pslr.v16i1.4508

Mainess Goma

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THE TAXATION OF IMAGE RIGHTS IN SOUTH AFRICA: VALIDITY OF TAX MINIMISATION SCHEMES 南非形象权税收:税收最小化方案的有效性

The Pretoria Student Law Review Pub Date : 2023-03-13 DOI: 10.29053/pslr.v16i1.4509

Leandri Kapp, C. Meyer

{"title":"THE TAXATION OF IMAGE RIGHTS IN SOUTH AFRICA: VALIDITY OF TAX MINIMISATION SCHEMES","authors":"Leandri Kapp, C. Meyer","doi":"10.29053/pslr.v16i1.4509","DOIUrl":"https://doi.org/10.29053/pslr.v16i1.4509","url":null,"abstract":"Sport undeniably plays a major role in society today. Over the years, ithas developed into n free-standing industry and its players have becomeincreasingly valuable and earn income both on and off the field. Thisarticle addresses the income generated by sport stars off the field ofplay through the exploitation of their ‘image rights’. The use ofsomeone’s image rights can be explained as the practice ofappropriating someone’s personality. In modern society, people havebecome transfixed by sport stars. This has led to the image rights ofindividual sport stars such as Lionel Messi and Cristiano Ronaldo tobecome commodities exploited by their clubs and other third parties toenhance brand images and promote the sale of products.1 This use ofthe image rights of celebrities generates a whole new source of incomefor these sport stars. Due to the relatively high amounts of incomereceived for the use of a sport star’s image, these stars may be temptedto enter into creative schemes in an attempt to reduce high taxes leviedagainst these streams of income. The practice of the commercialexploitation of a sport star’s image rights is a relatively new development in South Africa and is not yet recognised to the same extent as in other jurisdictions, such as the UK and Spain. This article examines the existing South African sport, intellectual property, andtax laws governing image rights and specifically analyses whether SouthAfrica is sufficiently equipped, under tax legislation, to address theseminimisation schemes aimed at reducing the tax liability arising from aSouth African sport star’s image rights.","PeriodicalId":253815,"journal":{"name":"The Pretoria Student Law Review","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114123206","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

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THE DEVELOPMENT OF A WESTERN-CENTRIC NOTION OF MODERNITY AND THE INCLUSIVE RECONSTRUCTION THEREOF ACCORDING TO THE TWAIL PRINCIPLES 以西方为中心的现代性观念的发展及其按照双重原则进行的包容性重构

The Pretoria Student Law Review Pub Date : 2023-03-13 DOI: 10.29053/pslr.v16i1.4512

Makumya M'membe

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THE ACCESSIBILITY AND EFFECTIVENESS OF SOUTH AFRICAN CIVIL LOWER COURTS 南非初级民事法院的可及性和效力

The Pretoria Student Law Review Pub Date : 2021-11-08 DOI: 10.29053/PSLR.V15I1.3664

L. Curlewis, Delano Abdoll

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CONSERVATION CRIME AND PANGOLIN POACHING: TENSIONS BETWEEN CUSTOMARY USE AND CONSERVATION LAW 保护犯罪与穿山甲偷猎:习惯使用与保护法律之间的紧张关系

The Pretoria Student Law Review Pub Date : 2021-11-08 DOI: 10.29053/PSLR.V15I1.3679

N. Irving

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SOCIAL JUSTICE AND COVID 19 IN THE 'NEW SOUTH AFRICA: INVOKING RAMOSEAN MEDITATIONS IN PANDEMIC TIMES 新南非的社会正义与covid - 19:大流行时期的拉莫肖恩冥想

The Pretoria Student Law Review Pub Date : 2021-11-08 DOI: 10.29053/PSLR.V15I1.3654

Ilana Le Roux

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A COMPARATIVE ANALYSIS OF THE MANDATORY RULE DOCTRINE AND ITS APPLICATION IN THE SOUTH AFRICAN LABOUR COURT 强制性规则理论及其在南非劳动法院的应用比较分析

The Pretoria Student Law Review Pub Date : 2021-11-08 DOI: 10.29053/PSLR.V15I1.3673

Elisabetta Rinaldi

{"title":"A COMPARATIVE ANALYSIS OF THE MANDATORY RULE DOCTRINE AND ITS APPLICATION IN THE SOUTH AFRICAN LABOUR COURT","authors":"Elisabetta Rinaldi","doi":"10.29053/PSLR.V15I1.3673","DOIUrl":"https://doi.org/10.29053/PSLR.V15I1.3673","url":null,"abstract":"Inherent in any employment relationship is the imbalance of bargaining power between the parties to the employment contract. On a globalised scale, this imbalance is exacerbated where employees are often reliant on the provisions within their contract to ensure they are adequately protected. Party autonomy enables the parties to choose the legal system that will govern these provisions and the employment relationship as a whole. The doctrine of mandatory rules purports to make applicable those ‘laws of a strictly positive, imperative nature’ so as to guarantee the protection of employees’ interests where party autonomy serves to conceal the power imbalance within the employment relationship. The Labour Court has, however, often misunderstood and neglected to consider the application of private international law rules, which are inclusive of the mandatory rule doctrine. The aim of this article is, therefore, to critically analyse the doctrine and question whether, from a comparative perspective, South African labour law can be considered as fitting within this framework as developed within the European Union and the United States, so as to ensure its protective elements are applied in the appropriate instances.","PeriodicalId":253815,"journal":{"name":"The Pretoria Student Law Review","volume":"2000 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123548800","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

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