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Co-trusteeship and the joint- action rule in South African trust law
(Elsevier, 2013)
This article examines the fundamental rule of South African trust law that co-trustees must always act jointly in regard to trust administration. It highlights the rule's foundation, but also contextualizes some of the ...
Trust deeds as ‘constitutive charters’ and the variation of trust provisions: a South African perspective
(Oxford University Press, 2013)
In this article, I assess the constitutive status accorded to trust deeds in Potgieter v Potgieter and Pascoal v Wurdeman, two recent South African judgments on trust variation. In particular, I analyse judicial condemnation ...
Criticism of the testamentary undue influence doctrine in the United States: lessons for South Africa?
(Lousiana State University Law Center, 2013)
This article analyzes undue influence in the South African law of wills in light of scholarly criticism of the testamentary undue influence doctrine in the United States. The Article assesses particularly whether the ...
The Ugandan Customary Marriage (Registration) Act: a comment
(University of Florida, 2013)
Different marriages in Uganda are govemed by different pieces of
legislation. For example, church or civil marriages are govemed by the
Marriage Act (1904),' which is in the process of being amended.^ Muslim
marriages ...
The supreme court of Canada and the offender's right to be transfer to serve his sentence in Canada: Interpreting the International transfer of offenders in the light of Canada's National and International Human rights obligations
(De Gruyter Open, 2013)
In September 2013 in the case of Divito v Canada (Public Safety and Emergency
Preparedness) the Supreme Court of Canada dealt with the issue of whether section 6(1) of
the Canadian Charter of Rights and Freedoms, the ...
All roads lead to property: Pashukanis, Christie and the Theory of Restorative Justice
(North-West University, 2013)
The name of Evgeny Pashukanis, the Bolshevik jurisprudent, is linked umbilically to the so-called commodity form theory of law. In his Law and Marxism Pashukanis develops a general theory of law which turns upon the ...
Prisoner transfer to South Africa: Some of the likely challenges ahead
(North-West University, 2013)
For many years the South African government has been reluctant to enter into prisoner transfer agreements. This reluctance is demonstrated by at least two instances. The first is that in 2000 there was an attempt by an ...
Domestic courts and the promotion and protection of the right to freedom from torture in Southern African development community countries
(University of Fort Hare, 2013)
The right to freedom from torture is protected not only in the constitutions of all SADC countries but also in some of the regional and international human rights instruments that have been signed, ratified or acceded to ...
Pashukanis on crime and punishment
(University of Pretoria, 2013)
Evgeny Pashukanis deservedly is famous as the author of the so-called
commodity form theory of law. In his Law and Marxism he postulated
that the form of legal relations held the key to the Marxist critique of law
and ...