Bibliographie sélective OHADA

The Convention for the International Sale of Goods called the Vienna Conference 1980 is an astute international statute that regulates the sale of goods globally. It has been ratified by about 83 countries of the world and countries that have not ratified it have at a point or the other made reference to it. Major economic players apart from England have ratified and have their courts pronounce on the CISG. The Convention provides for the well known elements of contract and also allows for the usage of standard user terms, for example, general terms known or related to certain goods. It is imperial to state that there are also certain regional statutes that are similar to the CISG although with varying differences. It is important to also mention that the CISG also has its lacunae and defects such as allowance for exemption, contents and so on. The CISG has been pronounced upon by courts across the world and has been seen to be highly justiciable.

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Promotional competitions are competitions in which prizes are awarded by lot or chance in order to promote goods or services. Due to the chance element, these competitions are often categorised as lotteries or gambling. Initially, South African legislation did not make provision for the running of promotional competitions, but this situation changed when the Lotteries Act, 1997 came into force. Currently, promotional competitions are regulated by the Consumer Protection Act, 2008 (CPA). This thesis examines the regulation of promotional competitions in South Africa. It commences with a background discussion, which touches on the relevant terminology and some sociological aspects. It then considers the consequences of gambling and the need for and nature of regulation, and deals with the marketing and consumer protection contexts. This is followed by a brief overview of the global and South African history of gambling, lotteries and promotional competitions, which includes a discussion of South African case law. Foreign law relating to promotional competitions in New Zealand and Great Britain is explored in order to compare this to the South African position. This is followed by an examination of the current regulation of promotional competitions in South Africa, including a discussion regarding the interplay between the CPA and the Lotteries Act and a detailed analysis of the CPA’s provisions. The self-regulation of promotional competitions is discussed as well. The concluding chapter of this thesis contains recommended solutions for the problems identified in the analysis of the relevant legislation.

Anonim ortaklıklar hukuku prensipleri çerçevesinde sermaye koyma taahhüdünü yerine getiren pay sahiplerinin ortaklıktan çıkarılmalarını sağlamak kural olarak mümkün değildir. 6102 sayılı TTK ile söz konusu prensibe iki önemli istisna getirilmiştir. Bunlardan ilki birleşme yoluyla ortaklıktan çıkarma (TTK md.141/2), diğeri ise hâkim şirketin azınlığın paylarını satın alma hakkıdır (TTK md.208). Satın alma hakkına ilişkin TTK md.208 hükmünün kaleme alınmasında, mukayeseli hukuktaki düzenlemelerden etkilendiği görülen yasa koyucu tarafından, Türk şirketler hukuku doktrini ve uygulamasının özellik arz eden yönlerini de dikkate alınmış ve neticede kendine özgü bir satın alma hakkı düzenlemesi ortaya çıkarılmıştır. Under the principles of the law of joint stock companies, it is not, at least in principle, possible to squeeze out the shareholders who had fulfilled their capital subcription. However, Turkish Commercial Code nr.6102 (TTK) contains two significant exceptions to this principle. These exceptions are: squeeze-out merger (TTK article 141/2) and the squeeze-out right of the controlling company (TTK article 208). Turkish legislator, considering the important aspects of the doctrine and practice of Turkish companies law and under the influence of the regulations in the comparative law, made a sui generis regulation of squeeze-out right in the article 208 of the Turkish Commercial Code.

With the introduction of the National Water Act 36 of 1998 (NWA) in South Africa’s water regulatory regime, the foundations of the country’s existing water law system changed fundamentally. The NWA was promulgated with the primary aim to reform the law relating to water resources. The preamble to the NWA states that water is “a scarce natural resource that belongs to all people.” Section 3 of the NWA continues along similar lines and stipulates that all water use rights fall under the centralised control of the state or public trustee to inter alia improve the distribution, management, use, conservation and equality of access to this scarce resource. Statutory transformation of this nature has inevitable and important legal implications. It has for example been argued that the changed system has brought about a reallocation and redefinition of property rights to natural resources; a transformation which will inevitably impact the nature, form, extent, limits and protection of access and use rights that can be acquired in water as a natural resource. In an effort to understand the extent of the legal transformation brought about by the concept of public trusteeship, this thesis considers the impact of the concept in the broader South African water law context. The concept of public trusteeship is a novel concept in South African jurisprudence, without established links to existing principles of law. This thesis subsequently focuses on how and to what extent the German property law concept of őffentliche Sache may inform the development and interpretation of the South African concept of public trusteeship as entrenched in the NWA. Consequently, this thesis commences with an exposition of information on the idea of property and the relevance and importance of the different property rights regimes against which both the South African and German property regimes can be evaluated. This is followed by a description of the South African property rights paradigm and its different property concepts. The research introduces a novel take on the discussion of the regulation of rights in natural resources in South Africa, namely a “stewardship ethic of public trusteeship”. As a stewardship ethic could potentially influence the regulation of property in natural resources and even perhaps the property regime within which water as natural resource is regulated in South Africa, the next section of the research proceeds with a historical account of the South African water law dispensation. Although the historical review indicates that the concept of public trusteeship is not part of South Africa’s common law heritage, some of its principles find application in the common law concept of res publicae. The conclusion is that the concept of public trusteeship does not merely (re-) introduce the res publicae concept into the South African water realm. The concept of public trusteeship is a novel concept that was statutorily introduced into the South African water regulatory framework in terms whereof “ownership” of water resources vests in the national government, and are consequently administered on behalf of the nation and generations yet to come. A separate section of the research analyses and contextualises the concept of őffentliche Sache as it functions in German law to offer new insight into the implications that the statutorily introduced concept of public trusteeship might have on water as property and the property regime within which water is regulated in South Africa. This guides the study to the next section of the research, which illustrates that the concept of őffentliche Sache is at the basis of the German water regulatory framework. The conclusion of the study proposes an understanding of the concept of public trusteeship in South Africa based on lessons learned from the German concept of őffentliche Sache.