When a legal problem is not covered by statute law, you can look at the common law for an answer. South african mercantile and company law 9780702158094 by gibson, j. Section 4241 of the companies act 61 of 1973 and sections 22. Prominent publications article university of pretoria. Enforcement and effectiveness on consumer law in south africa. South african mercantile and company law book, 2003. Piercing the veil under section 209 of the companies act 71 of 2008. Untangling the requirement of good faith in the derivative action in company law.
South african mercantile law journal sa tydskrif vir hande. History of south african law seite 1 a introduction south african law is neither a classical roman, nor a romandutch law nor an english common law and certainly not a traditional african law. A company thus has legal rights and obligations in the same way that a natural person does. An introduction to south african law reports and reporters, 1828 to 1910 jp van niekerk. Commercial law 201 paper 1 consists of three different sections, namely, the law of sale, the law of lease and the law of carriage taught in the first semester by ms vicky heideman. Commercial law titles edited by unisa mercantile law department. This entry also covers rules by which partnerships and trusts are governed in south africa, together with albeit in less detail cooperatives and sole proprietorships. South african law consists of the constitution which is the supreme law of the country, legislation acts of the national and provincial legislatures, and governmental regulations, judicial precedent, the common law rules developed by previous decisions of superior courts, and rules and principles discussed in the old romandutch authorities. These modules set out the basic structure of the topics to be covered in each section. Duties of care and skill of company directors and their liability for negligence js mclennan university of natal the general fiduciary duty it is trite law that the prime function of the fiduciary duty of a director is loyalty to his company. The unisa law academic is the first south african to obtain a phd in competition law and aims to position the university as a leader in the field. Department of mercantile law, school of law, university of south africa. Private law consists of the rules governing relations between private individuals or groups of persons. Numerous and frequentlyupdated resource results are available from this search.
Duties of care and skill of company directors and their. The south african mercantile law journal is a specialist journal published by juta. She has 10 years experience as a reference librarian, and previously headed the universitys african studies library. A company is a business organisation which earns income by the production or sale of goods or services. Many of the general principles of our law come from the common law, eg the criminal law that says that murder and robbery. Gibson south african mercantile and company law paperback, 8th ed author. The national credit acts remedies for reckless credit in the mortgage context. Sale of land agreements entered into by companies under the companies act 71 of 2008. British south africa company bsac, bsaco, or bsa company, mercantile company based in london that was incorporated in october 1889 under a royal charter at the instigation of cecil rhodes, with the object of acquiring and exercising commercial and administrative rights in southcentral africa. It merged however, as the following essay will show, in its long andexciting history elements of all mentioned laws to a specific south african law.
Study unit 1 introduction to south african law tristan. To introduce learners to legal principles in present south african contract and mercantile commercial law. Chapter 8 south africa tobias schonwetter, caroline ncubeand pria chetty 8. Hahlos south african company law through the cases.
The birth of a new phenomenon in south african corporate law by motlatsi william lekhesa submitted in accordance with the requirements for the master of laws degree in the faculty of law department of mercantile law at the university of the free state submitted on 27 november 2009 supervisor. Reliable information about the coronavirus covid19 is available from the world health organization current situation, international travel. The introduction of the statutory merger in south african. The first unit of study for business law 101 is an introduction to the subject. Library libguides mercantile law sa law journals enter search words search. General principles of commercial law eighth edition heinrich schulze blc llb pret lld unisa advocate professor of law in the department of mercantile law, university of south africa roshana kelbrick ba pret llb stell llm lld unisa attorney professor of law in the department of mercantile law, university of south africa tukishi manamela bproc llb unin llm unisa.
It is devoted to publishing material in the field of mercantile and business law. Companies and partnerships compared a a company can be created only by certain prescribed methods most. Welcome to sa mercantile the south african mercantile. Oclcs webjunction has pulled together information and resources to assist library staff as they consider how to handle coronavirus.
Limpopo, north west, gauteng, mpumalanga, kwazulunatal. South african law journal volume 121, issue 3, january 2004. With our head office based in johannesburg, south africa the economic heartland we are well positioned to offer our clients a. South africa is in the process of considering a new companies act.
Gibson, south african mercantile and company law 2d ed. With our head office based in johannesburg, south africa the economic heartland we are well positioned to offer our clients a full freight management solution, tailored. Fifteen of its staff members hold lld degrees and six members are currently enrolled andor in the process of finalising their doctorate degrees. The statutory merger, in essence, is a simple, uncomplicated and effective procedure whereby two or more companies may merge by agreement, with the approval of the prescribed majority of their shareholders, and without the need for any court. Ilw1501 study notes introduction to law unisa studocu. So, it has been said, the law is found written and recorded in. South african mercantile and company law, 2003, james. Private lawwhich can be divided into categories such as torts, contracts, business entities, business relationships, and property rightsforms the substance of business law.
The south african mercantile corporation pty ltd, johannesburg, gauteng. The paramount duty of directors, individually and collectively, is to exercise their powers bona fide in the best interests of the. This article looks at the south african companies act 71 of 2008 hereafter the. South african company law is that body of rules which regulates corporations formed under the companies act. Cape town 67 74 t humby, ed et al introduction to law and legal skills in south africa 2012, oxford university press. The department has a proud tradition in excellent teaching and research. Access study documents, get answers to your study questions, and connect with real tutors for law ilw1501. The south african mercantile corporation pty ltd, was founded in the 1920s and has evolved and grown into an international logistics company since its early beginnings. Willers principles of south african law 9th edition published by juta 2007 general editor francois du bois. The south african mercantile law journal is a specialist journal published by juta and the faculty of law, university of south africa.
R and a great selection of similar new, used and collectible books available now at great prices. South african mercantile and company law james thomas riley gibson on. This section contains free ebooks and guides on law books, some of the resources in this section can be viewed online and some of them can be downloaded. Gibson south african mercantile and company law 2003 chapter. This work has deep bearing on the socioeconomic condition of widows in indian subcontinent where.
Farreaching changes have occurred since the previous. Du plessis an introduction to law 3rd ed 1999, juta. Us and uk law, primarily with the purpose of determining how the law addresses the challenges of automated transactions in these jurisdictions, and to draw valuable lessons for the development or modification of south african contract law. Dr phumudzo munyai is his only competition right now. Tshwane university of technology, south africa corporate law. The history of south african law and its romandutch roots. Gibson south african mercantile and company law paperback, 8th. A company is a corporation an artificial person created by law. Cassim, malekafemida, the introduction of the statutory merger in south african corporate law. Separate modules attached are provided for each section of the course. The department of mercantile law is the largest department in the faculty of law and has 22 fulltime lecturers. M gwanyanya the south african companies act and the.
It is aimed at practitioners and academics in these areas of the law. The learner is able to demonstrate an understanding of the nature, role, history and sources of south african law and the implementation. Majority rule offset by the appraisal right part 2 september 1, 2008. And south african company law reform michele havenga balaw llm lld professor of mercantile law university of south africa unisa summary it has for some time been apparent that south african company law needs to be comprehensively rewritten. South african mercantile and company law gibson, james thomas riley on. This journal is not intended as a businessmans journal.
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