South African law journal最新文献_第10页

Book Review: Confronting Apartheid. A Personal History of South Africa, Namibia and Palestine (2018) 书评:直面种族隔离。南非、纳米比亚和巴勒斯坦的个人历史(2018)

South African law journal Pub Date : 2021-01-01 DOI: 10.47348/SALJ/V138/I2A9

H. Corder, D. Davis

引用次数: 0

Book Review: Research Handbook on Unjust Enrichment and Restitution (2020) 书评:不当得利与赔偿研究手册(2020)

South African law journal Pub Date : 2021-01-01 DOI: 10.47348/SALJ/V138/I1A10

D. Visser

引用次数: 0

Time for Cinderella to go to the ball: Reflections on the right to freedom of scientific research 灰姑娘该去参加舞会了:关于科学研究自由权的思考

South African law journal Pub Date : 2021-01-01 DOI: 10.47348/SALJ/V138/I2A2

D. Thaldar, Michaela Steytler

{"title":"Time for Cinderella to go to the ball: Reflections on the right to freedom of scientific research","authors":"D. Thaldar, Michaela Steytler","doi":"10.47348/SALJ/V138/I2A2","DOIUrl":"https://doi.org/10.47348/SALJ/V138/I2A2","url":null,"abstract":"Despite the fact that the Constitution explicitly protects the right to freedom of scientific research, this right features neither in the preamble to any legislation, nor in any reported case law. If the right to freedom of scientific research remains in obscurity, South Africa could slip into totalitarian control of the scientific enterprise, to the detriment not only of scientists, but also of society in general. The right to freedom of scientific research should play a more central role in policy-making. This is not only because it is an enumerated constitutional right, but also because it is important in its own right, as it serves purposes that are at the core of our constitutional value-system: promoting individual autonomy, facilitating the search for truth, and supporting democracy. The right to freedom of scientific research is unique in protecting not only the exchange of scientific thoughts and information, but also in particular the physical activities entailed by scientific research, such as performing experiments. The notion that government should somehow seek to regulate every new scientific development is erroneous, as freedom should be the default position in science-related policy, and should only be limited by regulation if, and to the extent that, it is constitutionally justified.","PeriodicalId":39313,"journal":{"name":"South African law journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70820997","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}

引用次数: 3

Notes: ‘Observations’ on the State Capture judgment 注:关于国家占领判决的“意见”

South African law journal Pub Date : 2021-01-01 DOI: 10.47348/salj/v138/i3a1

M. Tsele

引用次数: 0

Book Review: Stuart Wilson Human Rights and the Transformation of Property (2021) 书评:斯图尔特·威尔逊:《人权与财产的转变》(2021)

South African law journal Pub Date : 2021-01-01 DOI: 10.47348/salj/v138/i4a11

D. Davis

引用次数: 0

The intersection between taxation and insolvency — The South African Revenue Service’s preference 税收和破产之间的交集——南非税务局的偏好

South African law journal Pub Date : 2021-01-01 DOI: 10.47348/salj/v138/i4a6

C. Fritz, T. Legwaila

{"title":"The intersection between taxation and insolvency — The South African Revenue Service’s preference","authors":"C. Fritz, T. Legwaila","doi":"10.47348/salj/v138/i4a6","DOIUrl":"https://doi.org/10.47348/salj/v138/i4a6","url":null,"abstract":"When a debtor’s estate is sequestrated or an insolvent company is wound up, insolvency and taxation intersect whenever the debtor or company has an outstanding tax debt. This article considers whether the South African Revenue Service should, or could, be provided with a better standing in cases of insolvency. From a comparison of the situations in South Africa, Mauritius, Australia and the United Kingdom, it is clear that South Africa’s approach of determining the order of distribution in relation to tax claims based on the type of tax is in line with the approaches of Mauritius and the United Kingdom. However, s 179 of the Tax Administration Act and ss 114 and 147(1) of the Customs and Excise Act may have an impact on a claim by the South African Revenue Service in the event of insolvency. In this respect, we argue that, in instances where a taxpayer is sequestrated or wound up due to insolvency, the Insolvency Act and the Companies Act should take precedence. Since the Insolvency Act provides for a clear order of distribution both in respect of the insolvent estates of natural persons and when an insolvent company is wound up, tax legislation in South Africa should not be used to deviate from this order of distribution.","PeriodicalId":39313,"journal":{"name":"South African law journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70822301","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}

引用次数: 0

Problems relating to the formation of online contracts: A South African perspective 与网络合同形成有关的问题:一个南非的视角

South African law journal Pub Date : 2021-01-01 DOI: 10.47348/SALJ/V138/I2A1

S. V. Deventer

{"title":"Problems relating to the formation of online contracts: A South African perspective","authors":"S. V. Deventer","doi":"10.47348/SALJ/V138/I2A1","DOIUrl":"https://doi.org/10.47348/SALJ/V138/I2A1","url":null,"abstract":"This article analyses the formation of online contracts, or standard-form contracts appearing in electronic form, in the South African context. The unique characteristics of online contracts — such as their length and ubiquity — render it more difficult to establish assent to these contracts than in the case of traditional standard-form contracts. In general, it is simply not reasonable to expect of consumers to study online contracts, because the cost of reading (in the form of time spent) outweighs the potential benefit. Furthermore, evidence shows that consumers do not perceive online contracts in the same manner as their paper-based equivalent. The article investigates whether contractual liability to online contracts can be established in terms of the reliance theory, and considers how and when notice of contractual terms should be given. It further argues that the unexpected terms doctrine potentially provides important protection to online consumers’ reasonable expectations, and may encourage suppliers to identify surprising terms and bring them to the attention of consumers. This approach requires of courts to recognise that it may be quite reasonable for consumers to decide not to read online contracts, and that consumers’ mistakes about surprising terms in online contracts must almost always be reasonable.","PeriodicalId":39313,"journal":{"name":"South African law journal","volume":"138 1","pages":"221-259"},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70821302","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}

引用次数: 0

Book Review: Richard Devlin & Sheila Wildeman (eds) Disciplining Judges: Contemporary Challenges and Controversies (2021) 书评:理查德·德夫林和希拉·怀尔德曼(编)惩戒法官:当代挑战和争议(2021)

South African law journal Pub Date : 2021-01-01 DOI: 10.47348/salj/v138/i4a10

C. Hoexter

引用次数: 0

The oath in labour arbitrations: Critiquing an arbitrator’s prerogative to swear in witnesses 劳动仲裁中的宣誓:对仲裁员在证人面前宣誓的特权的批判

South African law journal Pub Date : 2021-01-01 DOI: 10.47348/salj/v138/i4a8

Dennis Matlou

引用次数: 0

Mater semper (in)certus est: A South African perspective on McConnell v Registrar General for England and Wales 永恒不变:南非对麦康奈尔诉英格兰和威尔士注册官案的看法

South African law journal Pub Date : 2021-01-01 DOI: 10.47348/SALJ/V138/I2A6

L. Mills

引用次数: 0