Transnational impacts on law: perspectives from South Africa and Germany

von: C. Hugo, Thomas M.J. Möllers

Nomos Verlag, 2017

ISBN: 9783845287775 , 549 Seiten

Format: PDF

Kopierschutz: DRM

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Preis: 161,20 EUR

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Transnational impacts on law: perspectives from South Africa and Germany


 

Cover

1

Introduction

11

Towards free movement of companies – the European position as a model for the SADC

21

Comment: Towards free movement of companies – the European position as a model for the SADC

61

Tacit choice of law in international commercial contracts – the position in South African law and under the Rome I Regulation

69

Comment on “Tacit Choice of Law in International Commercial Contracts”

89

Contractual capacity in German and South African private international law: a comparative study

99

The law applicable to the proprietary consequences of marriage in South Africa – the influence of German private international law

115

Exceptions to the independence of autonomous instruments of payment and security: the growing emergence of good faith

131

Lessons to be learnt from Germany regarding the treatment of executory contracts when a debtor company is being restructured: a South African perspective

151

The quest for fairness in the rendering of financial advice and intermediary services in light of the retail distribution review

183

Providing investment advice in light of MiFID I and II

217

Treaty-making and select foreign policy matters under constitutional and judicial scrunity in South Africa

247

The German Constitution and international law: some remarks on the comparison with the openness of the South African Constitution

295

A South African and German perspective on personal information privacy protection in an electronic environment

305

A comparative analysis of the proposed new cybercrime legislation in South Africa and the situation in Germany and the European Union

335

Legal and empirical aspects of cybercrime in Germany

371

Public participation and reasonableness: exploring the case law and jurisprudential philosophy of the South African Constitutional Court

381

Comment on“Public Participation and Reasonableness: Exploring the Case Law and Jurisprudential Philosophy of the South African Constitutional Court”

417

Transconstitutionalism and democratic legitimacy as dilemmas of regionalism in Germany and South Africa

425

Social insurance in South Africa: are there lessons to be learnt from the German experience?

449

Comment on: "Social insurance in South Africa: are there lessons to be learnt from the German experience?"

481

Labour and social protection for migrant domestic workers in South Africa

491

Labour and social protection for migrant workers in South Africa and in Germany: a comparative study

529

Index

537