Bibliographie sélective OHADA

Please refer to full text to view abstract. <br>LL.M. (Commercial Law)

Abstract : Please refer to full text to view abstract. <br>LL.M. (Commercial Law)

Illegal workers have been and continue to be the most vulnerable category of employees in the labour market, the reason for this is the invalidity of their employment contract due to illegality. For the longest time, the Labour Relations Act (hereinafter the LRA) has not been able to afford these workers protection because they did not fall within the ambit of the legal definition of ‘employee’ and the Act only recognises employees as holders of the rights provided for under the LRA. As a result of the Act not being able to protect these workers, they have become victims of exploitation and vicious abuse in the hands of their employers, making them vulnerable in their employment relationship. The law concerning illegal workers has since changed. Courts have found that these workers are in fact employees for the purposes of the LRA, and that, for an employment relationship to exist there need not be a valid employment contract in existence. An employment relationship may take various forms and the goal that the Labour Relations Act seeks to achieve is to protect those employees who find themselves vulnerable as a result of the illegality of their employment contract. It has also been argued that the law aims mostly at penalising the employer rather than the employee who is economically and socially weaker than the employer, therefore, courts have found that the Labour Relations Act should be interpreted in a manner that is consistent with the Constitution of the Republic of South Africa (hereinafter the Constitution) which requires a wider interpretation of who may be afforded the right to fair labour practices.

Please refer to full text to view abstract. <br>LL.M. (Commercial Law)

No abstract provided.

Please refer to full text to view abstract. <br>LL.M. (International Commercial Law)

Please refer to full text to view abstract. <br>LL.M. (Commercial Law)

Please refer to full text to view abstract. <br>LL.M. (Commercial Law)

The United Nations Commission on International Trade Law (UNCITRAL) is one of the most prominent legal bodies in international commerce. In 1980, the final draft of the United Nations Convention on Contracts for the International Sale of Goods (CISG or the Convention) was approved by the United Nations (UN) General Assembly and came into operation on 1 January 1988. Generally, the diversity of laws is an impediment to international and regional trade. Traders are discouraged from entering into international sales contracts due to the dissimilarities of legal systems. However, the CISG seeks to unify laws relating to the international sale of goods, whilst codifying the existing rules of international trade. The main objectives of the Southern African Development Community (SADC) are to achieve development and economic growth through regional integration.1 The legal integration and unification of sales law has a significant role to play in regional integration. Hence, SADC would do away with difficulties that affect interregional and intra-regional trade by impeding economic growth by making use of widely accepted trade laws, such as the Convention. International trade promotes both economic development and social upliftment. Moreover, democracy, political stability and human rights must be respected to foster sustainable economic growth and development in Southern Africa. 2 With advantages such as accessibility, flexibility, indorsing party autonomy, simplicity, and uniform interpretation, the paper revisits the call for the unification of laws on the sale of goods in SADC and considers the role and significance of the CISG in the region. <br>LL.M. (Commercial Law)

Please refer to full text to view abstract. <br>LL.M. (Commercial Law)

Please refer to full text to view abstract. <br>LL.M. (Commercial Law)