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The Role of Good Faith in the South African Law of Contract
In South Africa, courts and academia frequently refer to contracts as bonae fidei agreements. Often this term is invoked without further explanation or reflection on what the meaning of this term is. Upon closer inspection it seems that the phrase bonae fidei has largely become devoid of any meaning. This study embarks upon a critical analysis of case law leading up to the remarks of the Constitutional Court in Everfresh Market Virginia (Pty) Ltd v Shoprite Checkers Ltd 2012 (1) SA 256 (CC): 2012 (3) BCLR 219 (CC), with the aim of determining what the role of good faith in the South African law of contract is and how this concept is approached by South African courts. A brief overview of the...
Property Regulation
“Property Regulation: An integrated approach under the Constitution offers a principled and holistic methodology for resolving property disputes in South Africa. It sets out the constitutional relationship between different sources of law based on the application of the subsidiarity principles that give effect to the single-system-of-law imperative. Property Regulation critically reframes our understanding of the relationship between property rights and regulation and offers guidance regarding appropriate litigation pathways and adjudication frameworks for six different types of regulation. These include regulation stemming from legislation, the common law, customary law, administrative action, executive action, and direct constitutional regulation. These topics are dealt with in light of the socio-economic and political context of property in South Africa to show that property regulation is a powerful tool with which to achieve constitutional aims and objectives
Property and Pandemics
"This collection offers critical perspectives on the role that property law rules and principles played in the responses of different states to the pandemic. The contributions challenge readers to think about how property law can or should respond to drastically changing circumstances. The research is centred around four themes that intend to highlight the role that property law has played in governmental responses to the pandemic. The role of the home takes centre stage in considering how the instruction to 'shelter in place' carried with it a host of assumptions about the accessibility, availability and habitability of housing. Secondly, the constitutionality of regulations that affect the...
A Research Agenda for Property Law
Bringing together a diverse array of property law specialists, this timely Research Agenda explores the theoretical and doctrinal dimensions of the main subareas of property law. It examines the current tensions between the protection of existing property interests and the need to tackle societal challenges, such as digitalisation, the creation of energy communities, and the climate crisis.
A Critical Mind
This book traces the academic footprint of Hanns Ullrich. Thirty contributions revolve around five central topics of his oeuvre: the European legal order, competition law, intellectual property, the regulation of new technologies, and the global market order. Acknowledging him as a trailblazer, the book aims to capture how deeply Hanns Ullrich has influenced contemporaries and subsequent generations of scholars. The contributors re-iterate the path-breaking patterns of his teachings, such as his contemplation of intellectual property as embedded in competition, the necessity of balancing private and public interests in intellectual property law, the policies of market integration, and the peculiar relationship of technological advancement and protectionism.
Squatting and the State
This book offers a fresh theoretical approach and methodology for tackling the most pressing property problems of our time.
The Routledge Handbook of Property, Law and Society
This handbook brings together diverse perspectives, major topics, and multiple approaches to one of the biggest legal institutions in society: property. Property touches on many fundamental human questions. It involves decisions about power, economy, morality, work, and ecology. It also involves ideas about where humans fit in the world and how humans relate to more-than-human life. This book will ask in myriad ways such questions as: what property means, what kinds of property there are, what is and should be the relationship between owned and owner, and what is the impact of different forms of property on life in this world? Drawing on a range of socio-legal and empirical methodologies, renowned scholars and rising stars in property from around the world present current issues and map future directions in research. Coming from the place of law but reaching out through cognate disciplines, this handbook provides a comprehensive and accessible survey of current research at the interface of property, society, and the environment. This handbook will appeal to students and researchers across a range of disciplines, including law, sociology, geography, history, and economics.
Privaatrecht 2050
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Transformative Property Law
Transformative Property Law honours Professor AJ Van der Walt (1956-2016) - scholar, mentor, and teacher. As the first incumbent of the DST/NRF South African Research Chair in Property Law his primary research goal was to develop the theoretical foundations for the transformation of property law in post-apartheid South Africa. Transformative Property Law consists of 20 essays by a combination of senior and young scholars from South Africa, the United States of America, the United Kingdom, Ireland, the Netherlands, Belgium, and Zimbabwe. The essays focus on the themes that Professor Van der Walt developed during the first 10 years of the research chair, namely: (a) the single system of law an...
Rethinking commerce education in South Africa
This book aims to advance the knowledge on the future of business education in South Africa and to allow all relevant role players (universities and industry) the opportunity to debate and share ideas on how to best position business education to optimally serve the interest of students and the dynamic changes taking place in the world of work. Although some of these changes have taken shape before 2020, the COVID-19 pandemic has accelerated the need and pace for change. If business schools (in our context, faculties of economic and management sciences) do not adapt rapidly, they will be left behind by other up-and-coming industry providers. The research scope covers all business-related undergraduate and postgraduate economics, management and accounting programmes, excluding MBA programmes.
