Sectional Titles and Other Fragmented Property Schemes aims to describe the different forms of urban fragmented property schemes introduced by legislation. Therefore, the functioning of the management bodies of such schemes and the nature and effect of management and conduct rules are emphasised to indicate to what extent the idea of urban fragmented property holding has changed the property concept in the new constitutional dispensation in South Africa.

Relevant case law, new legislative developments, especially the amended Sectional Titles Act 95 of 1986, the Sectional Titles Schemes Management Act 8 of 2011, the Community Schemes Ombud Service Act 9 of 2011 and the Companies Act 71 of 2008, are discussed comprehensively to indicate how fragmented property schemes are governed and how disputes regarding use rights of individual sections and the common property of such schemes are solved.

Juta’s Property Law Library is aimed at revisiting and reassessing the whole of South African property law, which includes uncodified common law that is mostly embodied in case law, academic writing and legislation, to establish:

• how each aspect of property law was influenced by apartheid law;
• its response to the new constitutional dispensation (including land reform), and;
• whether it can make a contribution towards the transformation of South African law and society.

For this purpose, Juta’s Property Law Library will eventually consist of a number of monographs, each of which is focused on a specific aspect of property law.

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.

The purpose of this book is to provide a first introduction for an undergraduate student in property law. As with earlier editions this eighth edition of the Introduction to the Law of Property was written specifically for students in an undergraduate module on the law of property. Therefore, the contents are restricted to what the authors regard as essential for these students. Footnotes have not been used for the same reason; in an introductory module the emphasis should arguably fall on understanding basic concepts and principles, rather than on additional reading material. However, extensive use is made of examples from case law.

Under the new authorship the Introduction still emphasises the influence of the constitutional framework on the development of this aspect of private law. This eighth edition of the Introduction is published as part of the series of Juta’s Property Law Library. The aim of this series is to illustrate the interplay between the common law, the constitution and legal reform in a constitutional system. As an introduction, the book is different from the other volumes in the series in that it is specifically aimed at students.

In updating the Introduction cognisance was also taken of the Qualification standards for the Bachelor of Laws published by the HEQC in May 2015, and the attributes of a graduate that was included in the report. Therefore, the 2021 edition contains electronic resources that will assist students to be better prepared for the legal profession with an appreciation of the constitutional values and principles underpinning the law, and an understanding that the law is a dynamic and developing discipline.

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.

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.
Introduces IP and various features from a business perspectiveIncludes tools to assess the value of new IP Provides a comprehensive and practical insight into IPExplores other forms of IP including designs, models, breeders rights, and domain namesOffers an applied approach to IP and systems to evaluate the value of new IP"

Property in Minerals and Petroleum is the first major academic text to analyse the state-custodianship concept in South African law with emphasis on its application in mineral and petroleum law. As such, the book seeks to stimulate academic discourse about the impact of the incorporation of state custodianship in this field of law. The book considers the nature of mineral and petroleum rights in a state-custodianship model within a constitutional context. It clarifies the institutional regime change that lead to the regulatory context in which such rights now can be acquired, transferred or lost. The first chapter of Property in Minerals and Petroleum focuses on the constitutional imperatives for reform in mineral and petroleum law, and on the changing concepts of property and landownership that paved the way for transformation. Further chapters evaluate the pre-2004 mineral and petroleum law dispensation and address the current dispensation under the Mineral and Petroleum Resources Development Act (MPRDA). The section on the MPRDA focuses on the aims and objectives of the Act; the notion of state custodianship and its impact on existing property law; the meaning of the terms `mineral' and `petroleum'; the nature, content and regulation of rights to minerals and petroleum; the acquisition, transfer and termination of such rights; and various miscellaneous aspects that straddle existing property law principles and the regulation of minerals and petroleum.

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.
Includes empirical research to relate innovation to drug lawA multidisciplinary approach is taken, including the intersection of IP (intellectual property) law, drug law and innovationDiscusses the impact of government regulation on firm innovation

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).
The original six sessions from the Symposium are included in this text as separate chapters: Education and Certification of Patent Information Professionals in Europe; The PERI Patent Information Course; Law Librarianship: Exploring current trends in the 21st century; The USPTO: Education of the Inventor Community; Copyright Basics; Recent Developments in Patent Reform. Additional chapters and content have been added to more fully develop this text.
Although this Symposium captured several intellectual property topics with current information for mid-2009, this content should still prove to be a valuable resource to the reader in future years. This book is an resource for students or others looking to take the next step into intellectual property as a new career choice.

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.
Practical tips for cost-effective licensingGuidance on how to ensure the most effective use is made of electronic resourcesInvaluable for publishers, libraries and distributors

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.
Native Claims: Indigenous Law against Empire, 1500-1920 brings together the work of eminent social and legal historians, literary scholars, and philosophers, including Rolena Adorno, Lauren Benton, Duncan Ivison, and Kristin Mann. Their combined expertise makes this volume uniquely expansive in its coverage of a crucial issue in global and colonial history. The various essays treat sixteenth- and seventeenth-century Latin America, seventeenth- and eighteenth-century North America (including the British colonies and French Canada), and nineteenth-century Australasia and Africa. There is no other book that examines the issue of European dispossession of native peoples in such a way.

"The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled" is a watershed development in the fields of intellectual property and human rights. As the first international legal instrument to establish mandatory exceptions to copyright, the Marrakesh Treaty uses the legal and policy tools of copyright to advance human rights. The World Blind Union Guide to the Marrakesh Treaty offers a comprehensive framework for interpreting the Treaty in ways that enhance the ability of print-disabled individuals to create, read, and share books and cultural materials in accessible formats. The Guide also provides specific recommendations to government officials, policymakers, and disability rights organizations involved with implementing the Treaty's provisions in national law.

Digital Rights Management examines the social context of new digital rights management (DRM) technologies in a lively and accessible style. It sets out the scope of DRMs in non-technical terms and then explores the shifts that DRM has produced within the regime of protection of intellectual property rights (IPRs). Focusing on the social norms around the protection of IPRs, it examines the music industry and software development sector to ask whether the protections established by DRM are legitimate and socially beneficial. Using these key examples to establish a more general argument, the books central conclusion is that rather than merely re-establishing threatened rights, the development of DRM has extended the rights of intellectual property owners, and that such an extension violates previous carefully balanced political compromises as regards the maintenance of the public domain.
Places DRM in its political contextSets out the social impact of a new and important technologyAccessible and clearly written for a non-technical audience

This essential guide vital new changes by the European Commission to the law governing the enforceability of intellectual property licences in Europe. Agreements which contain the grant of a licence by one party to another of intellectual property rights are subject to European competition (anti-trust) laws. In particular, many agreements containing licences of patent rights and rights in confidential information and technical know-how are caught by Article 81(1) of the EC Treaty, which prohibits agreements between undertakings which prevent, restrict or distort competition in the Common Market. However, because licences of intellectual property rights usually facilitate the transfer of technology from one undertaking to another, and the licensor and licensee will often operate at different levels of the market, many licences of intellectual property rights may benefit from an automatic exemption under Article 81(3) of the EC Treaty. On 1 May 2004, this exemption is being radically overhauled, as part of the European Commission s drive to modernise European competition law. This book examines the changes in that legislation.
The legislation is completely new and there is therefore no existing book on the marketThe change in the law will require an entirely new approach to the drafting of IP licencesThe change in the law will require existing IP licences to be re-examined and possibly re-negotiated"

The Rental Housing Act 50 of 1999 has been amended substantively by the Rental Housing Amendment Act 35 of 2014. The Amendment Act, which has yet to commence, creates mechanisms to ensure the proper functioning of the South African rental housing market, lays down general principles for governing conflict resolution in the rental housing market, facilitates sound relations between tenants and landlords and lays down general requirements relating to leases. The Rental Housing Act: Amendments, annotations and commentary provides an easy to- follow system to clearly identify changes to the Rental Housing Act by the forthcoming amendments and includes commentary to help the reader understand the amendments and their context and interplay with other provisions of the Act. All amendments are colour-coded, making them easy and quick to identify. This work is the go-to guide on the amended Rental Housing Act and indispensable to any participants in the South African rental housing market, such as landlords, tenants, estate agents, legal practitioners, members of the Rental Housing Tribunal and anyone who seeks to keep abreast of the latest changes to South African rental legislation.

Cybercrime and cybersecurity are of increasingly high profile not only within law enforcement but among policy makers, legal professionals and the general public. The establishment of the European Cybercrime Centre at Europol and the recent publication of guidelines on the prosecution of social media cases by the Director of Public Prosecutions serve as illustrations of the reach and impact of cybercrime related issues. As more of our day to day lives are conducted via digital mediums, cybercrime has ceased to be a purely specialist area and as technologies rapidly evolve and advance so do the challenges and threats raised, making it more important than ever for practitioners working in this area to stay up to date. Building on the detailed legal analysis in the first edition, this updated text remains the only comprehensive work to cover the complete lifecycle of cybercrimes, from their commission to their investigation and prosecution. With its clear and accesible structure, Computer Crimes and Digital Investigations provides essential guidance on the substantive and procedural aspects of cybercrimes for both experienced practitioners and for those new to the field. Substantial developments have occurred since the publication of the first edition of this work, in terms of the threats faced, the legislation and case law, and the response of law enforcement. The second edition will include new material on topics such as cyberwarfare; orders made against convicted criminals; and issues of surveillance and interception as well as expanded discussions of cyber security policy and laws, intermediary liability, developments in policing activities and prosecution policies, and developments in cross-border search and seizure and mutual legal assistance and extradition. An expanded comparative discussion of law and policy within the EU and under the Budapest Convention, as well as other international organisations such as the United Nations, places cybercrime in its international context.

The emergence of Shaken Baby Syndrome (SBS) presents an object lesson in the dangers that lie at the intersection of science and criminal law. As often occurs in the context of scientific knowledge, understandings of SBS have evolved. We now know that the diagnostic triad alone does not prove beyond a reasonable doubt that an infant was abused, or that the last person with the baby was responsible for the babys condition. Nevertheless, our legal system has failed to absorb this new consensus. As a result, innocent parents and caregivers remain incarcerated and, perhaps more perplexingly, triad-only prosecutions continue even to this day. Flawed Convictions: Shaken Baby Syndrome and the Inertia of Injustice is the first book to survey the scientific, cultural, and legal history of Shaken Baby Syndrome from inception to formal dissolution. It exposes extraordinary failings in the criminal justice systems treatment of what is, in essence, a medical diagnosis of murder. The story of SBS highlights fundamental inadequacies in the legal response to science dependent prosecution. A proposed restructuring of the law contends with the uncertainty of scientific knowledge.

This fully revised and updated version of the Law Society Conveyancing Protocol represents the Law Society's preferred practice for conveyancing transactions of freehold and leasehold residential property. The detailed steps of the Protocol and the new general obligations have been carefully drafted to assist solicitors to: - communicate with the parties involved in the transaction - meet the legal and regulatory requirements - agree timescales and reduce delays - adapt a safer, efficient and transparent process - adopt a common approach - maintain high standards of conveyancing. T his book contains the text of the Protocol and all the forms, guidance and formulae required by solicitors who adopt the Protocol. It also contains relevant new and updated Law Society Practice Notes and SRA Warning Notices. Compliance with the Protocol is mandatory for any firm accredited under the Conveyancing Quality Scheme.

When governments use eminent domain to transfer property between private owners, Americans are outraged-or so most media and academic accounts would have us believe. But these accounts obscure a much more complex reality in American conceptions of property. In this book, Debbie Becher presents the first comprehensive study of a city's eminent domain acquisitions, exploring how and why the City of Philadelphia took properties between 1992 and 2007 and which takings led to protests. She uses original data-collected from city offices and interviews with over a hundred residents, business owners, community leaders, government representatives, attorneys, and appraisers-to explore how eminent domain really works. Becher surprises readers by finding that the city took over 4,000 private properties, or one out of every hundred such properties in Philadelphia, during her study period. Furthermore, these takings only rarely provoked opposition-a fact that established views on property are ill-equipped to explain. To investigate how Americans judge the legitimacy of eminent domain, Becher devotes several chapters to two highly controversial sets of takings for redevelopment projects. The American Street takings were intended to win popular support for redevelopment and initially succeeded in doing so, but it ended as a near total failure and embarrassment. The Jefferson Square takings initially faced vociferous opposition, but they eventually earned residents' approval and became a political showpiece. Becher uncovers evidence that Americans judge eminent domain through a social conception of property as an investment of value, committed over time, that government is responsible for protecting. This conception has never been described in sociological, legal, political, or economic scholarship, and it stands in stark contrast to the arguments of libertarian and left-leaning activists and academics. But recognizing property as investment, Becher argues, may offer a firm new foundation for more progressive urban policies.

This volume is based on the symposium, "The Write Thing to Do: Ethical Considerations in Authorship & the Assignment of Credit," held at the 253rd National Meeting of the American Chemical Society in 2017. Both editors, serving on the ACS Committee on Ethics, felt that there was a need for more focused, in-depth resources on critical ethical issues, such as assignment of credit. Patricia Ann Mabrouk and Judith Currano then set a goal to develop a robust resource that explores the central issues from a variety of perspectives within the greater chemical community of practice encouraging a healthy discussion of the key issues related to assignment of credit including authorship, contributor-ship, inventorship, and copyright.

A long-awaited history that promises to dramatically change our understanding of race in America, What Comes Naturally traces the origins, spread, and demise of miscegenation laws in the United States - laws that banned interracial marriage and sex, most often between whites and members of other races. Peggy Pascoe demonstrates how these laws were enacted and applied not just in the South but throughout most of the country, in the West, the North, and the Midwest. Beginning in the Reconstruction era, when the term miscegenation first was coined, she traces the creation of a racial hierarchy that bolstered white supremacy and banned the marriage of Whites to Chinese, Japanese, Filipinos, and American Indians as well as the marriage of Whites to Blacks. She ends not simply with the landmark 1967 case of Loving v. Virginia, in which the Supreme Court finally struck down miscegenation laws throughout the country, but looks at the implications of ideas of colorblindness that replaced them. What Comes Naturally is both accessible to the general reader and informative to the specialist, a rare feat for an original work of history based on archival research.

The Law of Landlord and Tenant revisits the law of landlord and tenant in light of the constitutional context to determine how this area of law has developed, especially since the pre-1994 era, to further constitutional goals.

The purpose of the volume is to place legislation, case law, academic analysis and policy considerations in the context of the constitutional framework within which private law rights are acquired, exercised and transferred or lost, but also add to existing academic commentary some sections of foreign law where the comparison might provide insight to the South African landlord-tenant context.