Transnational Impacts on Law: Perspectives from South Africa and Germany

Product Details:
Author(s):
Hugo, C and
Möllers, T M J
Year Published:
2017
Edition
1st Edition
Type:
Print | Hard Cover
Language:
English
About this publication
This book, containing research on transnational impacts on law from a South African and German perspective, is the culmination of collaboration between the University of Augsburg and the University of Johannesburg over the past decade.
Topics of high current interest are introduced by South African scholars and responded to by their German counterparts, which leads to a deeper understanding of open legal questions in both legal systems.
Content
Introduction – Charl Hugo and Thomas M J Möllers
Towards free movement of companies – the European position as a model for the SADC – Kathleen van der Linde and Faadhil Adams
Comment: Towards free movement of companies – the European position as a model for the SADC – Raphael Koch
Tacit choice of law in international commercial contracts – the position in South African law and under the Rome l Regulation – Garth J Bouwers
Comment on ‘Tacit choice of law in international commercial contracts’ – Wolfgang Wurmnest
Contractual capacity in German and South African private international law – a comparative study – Eesa Allie Fredericks
The law applicable to the proprietary consequences of marriage in South Africa – the influence of German private international law – Jan L Neels
Exceptions to the independence of autonomous instruments of payment and security: the growing emergence of good faith – Karl Marxen and Charl Hugo
Lessons to be learnt from Germany regarding the treatment of executory contracts when a debtor company is being restructured: a South African perspective – Juanitta Calitz and Sanrie Lawrenson
The quest for fairness in the rendering of financial advice and intermediary services in light of the retail distribution review – Daleen Millard
Providing investment advice in light of MiFID I and II – Thomas M J Möllers and Isabella Brosig
Treaty-making and select foreign policy matters under constitutional and judicial scrutiny in South Africa – Hennie Strydom
The German Constitution and international law: some remarks on the comparison with the openness of the South African Constitution – Stefan Lorenzmeier
A South African and German perspective on personal information privacy protection in an electronic environment – Murdoch Watney and Robin Cupido
A comparative analysis of the proposed new cybercrime legislation in South Africa and the situation in Germany and the European Union – Dawie de Villiers
Legal and empirical aspects of cybercrime in Germany – Johannes Kaspar
Public participation and reasonableness: exploring the case law and jurisprudential philosophy of the South African Constitutional Court – David Bilchitz and Siyambonga Heleba
Comment on ‘Public participation and reasonableness: exploring the case law and jurisprudential philosophy of the South African Constitutional Court’ – Ferdinand Wollenschläger
Transconstitutionalism and democratic legitimacy as dilemmas of regionalism in Germany and South Africa – Jentley Lenong
Social insurance in South Africa: are there lessons to be learnt from the German experience? – Letlhokwa George Mpedi and Mathias Nyenti
Comment on ‘Social insurance in South Africa: are there lessons to be learnt from the German experience?’ – Ulrich M Gassner
Labour and social protection for migrant domestic workers in South Africa – Elmarie Fourie and Warren Bowles
Labour and social protection for migrant workers in South Africa and in Germany: a comparative study – Martina Benecke
Interest / Benefit to
Legal academics
Legal practitioners