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Books > Law > Laws of other jurisdictions & general law > Private, property, family law
The South African Law of Persons provides law students with a thorough understanding of the principles of the law of persons. In a concise and comprehensive manner, the publication includes discussion of the implications of the constitutional principles of the law of persons.
A title deed = tenure security. Or does it? This book challenges this simple equation and its apparently self-evident assumptions. It argues that two very different property paradigms characterise South Africa. The first is the dominant paradigm of private property, referred to as an ‘edifice’, against which all other property regimes are measured and ranked. However, the majority of South Africans gain access to land and housing through very different processes, which this book calls social or off-register tenures. These tenures are poorly understood, a gap Untitled aims to address. The book reveals that ‘informal’ and customary property systems can be well organised, often providing substantial tenure security, but lack official recognition and support. This makes them difficult to service and vulnerable to elite capture. Policy interventions usually aim to formalise these arrangements by issuing title deeds. The case studies in this book, which span both rural and urban contexts in South Africa, examine these interventions and the unintended consequences they often give rise to. Interventions based on an understanding of locally embedded property relations are more likely to succeed than those that attempt to transform them into registered tenures. However, emerging practices hit intractable obstacles associated with the ‘edifice’, which only a substantial transformation of the legal paradigms can overcome.
The eighth edition of Law of Delict is a comprehensive revision and update of Neethling-Potgieter-Visser Law of Delict (7th edition, 2015) in light of new legal authority and literature which naturally necessitated an adaptation of legal principles and theoretical points of view. In particular, special attention was given to the continuing debate on delictual principles that has taken place in academic and judicial circles since the appearance of the previous edition, especially on the relationship between wrongfulness, negligence and legal causation.
Family Law in South Africa, second edition, offers a clear and accessible introduction to the principles of family law in South Africa. The second edition is thoroughly updated and revised to reflect developments within the recent period, and includes a new chapter relating to surrogacy, IVF, and other forms of non-natural reproduction. This revised edition introduces a more integral and expanded synthesis of common law and African customary law, throughout, and includes a new chapter that discusses customary law rights, responsibilities and ritual pertaining to children. Where relevant, aspects of legal ethics, social justice, problem solving, and comparative law are foregrounded, at the appropriate level, and critical, reflective and skills-based development is supported by the text’s unique pedagogical design.
The Law of Delict in South
Africa, third edition, offers an introduction to the general principles
of delictual law. Comprehensive in scope, while clear and concise, the
text provides a rich contextual framework which supports understanding
and application of the principles.
The Law of Contract in South Africa, fourth edition, offers a concise, accessible and rigorous introduction to the general principles of contract law in South Africa. Balancing depth of explanation with exceptional clarity and an enquiring approach, the text guides readers to master their knowledge and to critically engage with the subject matter. The fourth edition is revised and updated to address several significant developments. Additional teaching presentation and assessment materials are available to support teaching and learning.
Get Your Will Right is a practical guide on what you should consider when drawing up your Will to reduce the cost of managing your estate. The book will guide you on how to structure your assets to minimise estate duty and will help your family with the process of finalising your estate, while highlighting the problems that could occur should your Will be lost or incorrectly completed. It also warns against the common practice of a terminally ill individual moving all the assets into the spouse’s name before death, as in the long run, this can cost the family R700 000 in estate duty. Get Your Will Right is an easy-to-understand guide that could save your family hundreds of thousands of rands upon your death and is based on the authors’ experience of managing over 300 deceased estates.
This is the fifth edition of the book that has appeared for the first time in 1992 as a relatively concise text, primarily aimed at students in the law of succession. In its successive editions the book has evolved into a more general source on the South African law of succession. Through its approach, presentation and systematic method the work remains ideal for use as a textbook in courses in the law of succession. The fifth edition again strives to provide the reader with a comprehensive overview of the different facets of the law of succession, in the light of recent developments that have affected this branch of the law.
Dean & Dyer's Introduction To Intellectual Property Law In South Africa, Second Edition, offers a rigorous and accessible introduction to the various branches of South African intellectual property law. This second edition text is thoroughly revised and updated to address the many, general developments in case law, and amendments to relevant legislation, that have occurred since the publication of the previous edition of this work. In addition, the text addresses the multifarious developments that have occurred within the digital environment, as relevant to trademark and copyright law, and includes discussion of artificial intelligence as an important development in the law of copyright. Dean & Dyer’s Introduction to Intellectual Property Law in South Africa, Second Edition, offers an enquiring approach, and a pedagogical framework that supports independent critical and reflective engagement with the subject matter.
This book is an introductory text for students of property law The book provides undergraduate students with an extensive exposition of the general principles of South African Property Law. It is a sister title to Silberberg and Schoeman's The Law of Property which is written for postgraduate students and legal practitioners.
The Principles of The Law of Property in South Africa, Second Edition, offers a thorough, current and accessible introduction to the general principles of property law in South Africa. Including diverse perspectives, the second edition foregrounds discussion of constitutional perspectives to engage with critical issues and debates that arise within the current and dynamic socio-economic context. The text presents fundamental principles within a clear and applied conceptual framework, and is designed to support independent, enquiring and critical engagement with the subject matter. The Principles of The Law of Property in South Africa 2e is appropriate as core material for LLB courses that address property law. The text is also a useful resource for practitioners who wish to engage with foundational and current principles of the field.
The purpose of this work is to help students master the cases and articles in legal journals prescribed as additional study material in courses on specific (nominate) contracts. It is not a traditional case-book which consists mainly of quotations from the decided cases. It provides a concise summary of the facts, of the dispute or question of law in issue, and of the salient points of the decision, together with comments, remarks, criticisms or the points of view taken in articles in legal journals. New case law was added to the sections dealing with purchase and sale, lease, agency, credit agreements and insurance. Some examples of contracts have been added to this edition to enhance student understanding of the contents and drafting of typical contracts.
Law of Damages Through the Cases is a compilation of authoritative judgments and legislative provisions illustrating the basic principles of the law of damages. It is intended to provide students and practitioners with easy access to important authorities in the field of damages. The extracts from selected judgments have been arranged systematically and provided with summaries, marginal notes and cross-references. Since this casebook is intended to complement Law of Damages, the notes contain cross-references to the discussion and evaluation of the relevant principles in the latter work. There are also references to other academic comment as well as to case law. Key Features:
Hard-hitting divorce lawyer James J. Sexton shares his insights and wisdom to help you reverse-engineer a healthy, fulfilling romantic relationship with How to Stay in Love. With two decades on the front lines of divorce Sexton has seen what makes formerly happy couples fall out of love and “lose the plot” of the story they were writing together. Now he reveals all of the “what-not-to-dos” for couples who want to build―and consistently work to preserve―a lasting, loving relationship. Sexton tells the unvarnished truth about love and marriage, diving straight into the most common issues that often arise from simple communication problems and relationships that develop by “default” instead of design. Though he deals constantly with the heartbreak of others, he still believes in romance and the transformative power of love. This book is his opportunity to use what he has learned from the mistakes of his clients to help individuals and couples find and preserve lasting connection. Previously published as If You're In My Office, It's Already Too Late.
A book that requires no introduction, Caney’s The Law of Suretyship has, for over 70 years, been an authoritative reference work for the law of suretyship in South Africa. The 6th edition incorporates significant developments since the last edition in 2002, a period in which South African courts have been very busy in this area of the law. This latest edition once again ensures that the treatment of its subject matter is most comprehensive, whilst remaining accessible to non-specialists. The Law of Suretyship contains three parts, each dealing with different stages in the life of a contract of surety, namely: the nature, formation and operation of the contract; the rights of the surety; and the release of the surety. Each part contains a detailed discussion of their respective topic. The authors’ treatment of each topic is well researched and supported by a host of authority, and the main text is enhanced by additional information and further discussions in the footnotes.
This book covers the different aspects, such as patents, trademarks
and copyright of Intellectual Property (IP) from a more practical
business perspective. Intellectual Property and Assessing its
Financial Value describes the differences between regions, mainly
the differences between the US and EU. In addition, several tools
are presented for assessing the value of new IP, which is of
importance before engaging on a new project that could result in
new IP or for licensing purposes. The first chapter introduces the
different types of IP and illustrating the business importance of
capturing and safeguarding IP, the second chapter discusses patents
and other forms of IP with subsequent chapters exploring copyright
and trademarks in more detail, and a concluding chapter on the
future of systems that can assess new IP value.
This accessible textbook provides an introductory guide to tort law, with a structured explanation of the key concepts and doctrines. Using a comparative approach, the discussion is illustrated with case law and provisions from three key jurisdictions: England, France and Germany. With liberal reference to other codes and cases from around the world, the book gives readers a contextual understanding and will appeal to classes with a global outlook. Key Features: Examples of different solutions show how tort law is implemented in a variety of jurisdictions Direct comparison of legal systems helps readers to match different kinds of property or damage in civil and common law systems Translated provisions from codes and statutes facilitate access to the systems of French and German law in particular Clarification of corresponding concepts and terminology, as well as guidelines and examples to help readers find their way in a legal environment that is not restricted to a single jurisdiction Introductory guidance to tort law systems outside Europe Providing readers with a working knowledge of major tort law systems as well as a greater understanding of the main concepts in tort law, this textbook will be an important resource for both undergraduate and postgraduate students.
Patently innovative provides a review of the importance of
traditional patent law and emerging linkage regulations for
pharmaceutical products on the global stage, with a focus on the
linkage regime in Canada. The primary focus is on how innovation in
the pharmaceutical sector can be strongly regulated and how
government regulation can either stimulate or inhibit development
of breakthrough products.
A Restatement of the English Law of Unjust Enrichment represents a wholly novel idea within English law. Designed to enhance understanding of the common law the Restatement comprises a set of clear succinct rules, fully explained by a supporting commentary, that sets out the law in England and Wales on unjust enrichment. Written by one of the leading authorities in the area, in collaboration with a group of senior judges, academics, and legal practitioners, the Restatement offers a powerfully persuasive statement of the law in this newly recognized and uncertain branch of English law. Many lawyers and students find unjust enrichment a particularly difficult area to master. Combining archaic terminology with an historic failure to provide a clear conceptual structure, the law remained obscure until its recent rapid development in the hands of pioneering judges and academics. The Restatement builds on the clarifications that have emerged in the case law and academic literature to present the best interpretation of the current state of the law. The Restatement will be accessible to, and of great practical benefit to, students, academics, judges, and lawyers alike as they work with this area of law. The text of the Restatement is supported by full commentary explaining its provisions and roots together with its application to real and hypothetical cases. The Restatement appears as European private law takes its first steps towards harmonization. In providing an accessible survey of the English law, the Restatement will offer an important reference point for the English position on unjust enrichment in the harmonization debates. Also appearing shortly after the United States Third Restatement on Restitution and Unjust Enrichment, this Restatement offers an interesting contrast with American law in this area.
This book discusses the combined fields of Intellection Property
and Information Science. At this crossroads of these two
disciplines are lawyers, educators, intellectual property
specialists, searchers, librarians, and consultants, each requiring
a lengthy list of skills necessary for the job. The results of the
work they do is used for business and legal decisions across many
sectors of our society, including industry, academia, government,
and non-profits, to name a few. This book originated from the
American Chemical Society (ACS) Symposium entitled "IP to IP:
Intellection Property for Information Professionals," presented in
Washington DC on August 19th, 2009. It was organized to highlight
the specialty training and education required to work in this
field. The book is targeted towards Information Scientists learning
about Intellectual Property. Traditional education sources such as
universities are represented, and are specialty offerings from the
pharmaceutical sector and the United States Patent and Trademark
Office (USPTO).
Written by a specialist team of academics, judges and practising lawyers from the UK and abroad under the editorial direction of Dr Nicole Moreham and Sir Mark Warby, The Law of Privacy and the Media gives expert guidance for practitioners working on cases relating to privacy and the media, and will be of value to academics with an interest in this field. The first two editions of this book quickly established themselves as the leading reference works on the rapidly developing law of privacy in England and Wales. They have been frequently referred to in argument in privacy cases, and extracts have been cited with approval in judgments of the High Court and Courts of Appeal. Following the Leveson Inquiry, the laws and regulations governing the English media have come under intense scrutiny. This work has been revised and updated to incorporate discussion of both those debates and the continually changing landscape of privacy protection. The book offers an overview of English media privacy law, outlining key legislation and legal rules. It includes comparative perspectives and addresses current debates about the form and scope of modern privacy protection. The Law of Privacy and the Media provides detailed but accessible chapters on the various forms of wrongful publication of personal information, as well as intrusion into physical privacy, before considering justifications and defences, remedies and the procedure to be followed in such cases. This edition includes new chapters giving separate consideration to new media and harassment by publication. The Law of Privacy and the Media is essential reading for all those who act for or against the media or who have a general interest in the subject.
Content Licensing is a wide-ranging and comprehensive guide to
providing content for dissemination electronically. It outlines a
step-by-step introduction to the why, how, and frequently asked
questions of digital content and how to license it. In addition, it
examines the context in which licensing takes place. What makes the
book unique is that it examines licensing from a range of
perspectives.
This groundbreaking collection of essays shows that, from the
moment European expansion commenced through to the twentieth
century, indigenous peoples from America, Africa, Australia and New
Zealand drafted legal strategies to contest dispossession. The
story of indigenous resistance to European colonization is well
known. But legal resistance has been wrongly understood to be a
relatively recent phenomenon. These essays demonstrate how
indigenous peoples throughout the world opposed colonization not
only with force, but also with ideas. They made claims to territory
using legal arguments drawn from their own understanding of a law
that applies between peoples - a kind of law of nations, comparable
to that being developed by Europeans. The contributors to this
volume argue that in the face of indigenous legal arguments,
European justifications of colonization should be understood not as
an original and originating legal discourse but, at least in part,
as a form of counter-claim. |
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