The proprietary consequences of foreign marriages for the purposes of estate planning and succession in South Africa
- Authors: Thorne, Aimee Liza
- Date: 2023-03-29
- Subjects: Marital property South Africa , South Africa. Matrimonial Property Act 1984 , Conflict of laws Marital property , Estates (Law) South Africa , Inheritance , Prenuptial agreements South Africa , Postnuptial agreements South Africa
- Language: English
- Type: Academic theses , Master's theses , text
- Identifier: http://hdl.handle.net/10962/420725 , vital:71773
- Description: This thesis is intended to provide clarity regarding the proprietary consequences of foreign marriages in the context of estate planning and succession in South Africa. It includes an exploration into the impact of specific legislation on foreign marriages, the implications of matrimonial property regimes on a deceased estate in South Africa, private international law principles affecting matrimonial property and succession claims, the scope of antenuptial contracts and postnuptial contracts as existing remedies for foreign remedies, and the harmonisation of succession and matrimonial property law in the European Union (EU). It furthermore suggests potential reforms for the overhaul of the lex domicilii matrimonii principle and associated issues arising therefrom. Various specific issues discussed include the waiver of accrual claims, maintenance claims by surviving spouses of a foreign marriage, choice-of-law rules for matrimonial property rights and succession rights, the registration of a domestic or foreign antenuptial contract for foreign marriages, the formal validity and proper law of antenuptial contracts, the operation of the immutability principle on a domestic and international level, and the common-law approach to the recognition of postnuptial contracts and spousal donations. , Thesis (LLM) -- Faculty of Law, Law, 2023
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- Authors: Thorne, Aimee Liza
- Date: 2023-03-29
- Subjects: Marital property South Africa , South Africa. Matrimonial Property Act 1984 , Conflict of laws Marital property , Estates (Law) South Africa , Inheritance , Prenuptial agreements South Africa , Postnuptial agreements South Africa
- Language: English
- Type: Academic theses , Master's theses , text
- Identifier: http://hdl.handle.net/10962/420725 , vital:71773
- Description: This thesis is intended to provide clarity regarding the proprietary consequences of foreign marriages in the context of estate planning and succession in South Africa. It includes an exploration into the impact of specific legislation on foreign marriages, the implications of matrimonial property regimes on a deceased estate in South Africa, private international law principles affecting matrimonial property and succession claims, the scope of antenuptial contracts and postnuptial contracts as existing remedies for foreign remedies, and the harmonisation of succession and matrimonial property law in the European Union (EU). It furthermore suggests potential reforms for the overhaul of the lex domicilii matrimonii principle and associated issues arising therefrom. Various specific issues discussed include the waiver of accrual claims, maintenance claims by surviving spouses of a foreign marriage, choice-of-law rules for matrimonial property rights and succession rights, the registration of a domestic or foreign antenuptial contract for foreign marriages, the formal validity and proper law of antenuptial contracts, the operation of the immutability principle on a domestic and international level, and the common-law approach to the recognition of postnuptial contracts and spousal donations. , Thesis (LLM) -- Faculty of Law, Law, 2023
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Legal access to our musical history: an investigation into the copyright implications of archived musical recordings held at the International Library of African Music (ILAM) in South Africa
- Authors: McConnachie, Boudina
- Date: 2009
- Subjects: Tracey, Hugh International Library of African Music South Africa. Copyright Act 1978 Copyright -- Music -- South Africa Music -- History and criticism
- Language: English
- Type: Thesis , Masters , MMus
- Identifier: vital:2648 , http://hdl.handle.net/10962/d1002313
- Description: This thesis explores the South African Copyright Act No. 98 of 1978 as it pertains to the archived holdings at the International Library of African Music (ILAM) situated at Rhodes University, Grahamstown, South Africa. The purpose of analysing this law is to advise and assist ILAM in fulfilling royalty payment obligations as stipulated in a contract signed between ILAM and the Smithsonian Global Sound (formally Global Sound Network) in 2001. In order to clearly comprehend the scope of the royalty payment clause in the Smithsonian Institution’s contract with ILAM, this research includes an examination of: the history and nature of South African copyright as a sub-structure of intellectual property; specific internationally documented copyright infringement cases; the recording and documentation practices of Hugh Tracey (ILAM’s founder and director from 1954 to 1977); the contract between Global Sound Network and ILAM; and contentious issues surrounding collective ownership and indigenous knowledge. In conclusion, this research suggests equitable solutions to ILAM’s copyright concerns and proposes the Eastern Cape Music Archiving Project (ECMAP) as a practical vehicle to assist the South African Department of Trade and Industry in implementation of the South African Intellectual Property Amendment Bill (2008) if, and when, it is passed.
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- Authors: McConnachie, Boudina
- Date: 2009
- Subjects: Tracey, Hugh International Library of African Music South Africa. Copyright Act 1978 Copyright -- Music -- South Africa Music -- History and criticism
- Language: English
- Type: Thesis , Masters , MMus
- Identifier: vital:2648 , http://hdl.handle.net/10962/d1002313
- Description: This thesis explores the South African Copyright Act No. 98 of 1978 as it pertains to the archived holdings at the International Library of African Music (ILAM) situated at Rhodes University, Grahamstown, South Africa. The purpose of analysing this law is to advise and assist ILAM in fulfilling royalty payment obligations as stipulated in a contract signed between ILAM and the Smithsonian Global Sound (formally Global Sound Network) in 2001. In order to clearly comprehend the scope of the royalty payment clause in the Smithsonian Institution’s contract with ILAM, this research includes an examination of: the history and nature of South African copyright as a sub-structure of intellectual property; specific internationally documented copyright infringement cases; the recording and documentation practices of Hugh Tracey (ILAM’s founder and director from 1954 to 1977); the contract between Global Sound Network and ILAM; and contentious issues surrounding collective ownership and indigenous knowledge. In conclusion, this research suggests equitable solutions to ILAM’s copyright concerns and proposes the Eastern Cape Music Archiving Project (ECMAP) as a practical vehicle to assist the South African Department of Trade and Industry in implementation of the South African Intellectual Property Amendment Bill (2008) if, and when, it is passed.
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An evaluation of the regulation and enforcement of trade mark and domain name rights in South Africa
- Authors: Maunganidze, Tendai
- Date: 2007
- Subjects: Trademarks -- Law and legislation -- South Africa Internet domain names -- Law and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:3714 , http://hdl.handle.net/10962/d1007571
- Description: The conflict between trade marks and domain names has been a major subject of legal debate over the past few years. The issues arising from the relationship between trade marks and domain names reveal the difficulties associated with attempts to establish mechanisms to address the problems existing between them. Trade mark laws have been adopted to resolve the trade mark and domain name conflict, resulting in more conflict. Domain name registers have to date been constructed on the basis of first come first served. Given that the generic indicators are very general, it has been inevitable that problems would arise, particularly once the commercial potential of the Internet began to be realised. Unlike domain names, trade marks are protected in ways which are more precise. Trade marks may not be imitated either exactly or in a manner so similar that it is likely to confuse a significant portion of the public. It is possible for more than one enterprise to use the same trade mark in respect of different goods, although this is not possible with domain names. This disparity in objectives leads to two core problems. The first problem relates to cybersquatters who deliberately secure Top Level Domains (TLDs) containing the names or marks of well known enterprises in order to sell them later. The second problem relates to the rival claims between parties who have genuine reasons for wanting particular TLDs, and problems associated with the resolution of such claims. The disputes between parties with legitimate conflicting interests in domain names are often not equitably and effectively resolved, thus compromising the rights of domain name holders. There is great activity in the United States of America (USA) and the United Kingdom (UK) to provide a more substantial system of governing and regulating the Internet. There is a strong movement to provide methods of arbitrating conflicts between honest claims to TLDs which conflict either in Internet terms or in trade mark law. However, these difficult policies remain to be settled. South Africa's progress towards the establishment of an effective mechanism to govern and regulate the Internet has been hindered by the absence of a policy to resolve domain related trade mark disputes. South Africa only recently drafted the South African Regulations for Alternative Domain Name Dispute Resolution (zaADRR), although the regulations have not yet been adopted. Therefore South African parties to domain name disputes continue to find solutions to their problems through the court system or foreign dispute resolution policies. The purpose of this study is firstly to examine and to comment on the basic issues of trade mark law and domain names in this area, with particular reference to South Africa, and secondly to examine the mechanisms in place for the resolution of trade mark and domain name disputes and to highlight the issues that flow from that. An additional purpose of this study is to discuss the policies of the dispute resolution mechanisms and to suggest how these policies can be improved.
- Full Text:
An evaluation of the regulation and enforcement of trade mark and domain name rights in South Africa
- Authors: Maunganidze, Tendai
- Date: 2007
- Subjects: Trademarks -- Law and legislation -- South Africa Internet domain names -- Law and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:3714 , http://hdl.handle.net/10962/d1007571
- Description: The conflict between trade marks and domain names has been a major subject of legal debate over the past few years. The issues arising from the relationship between trade marks and domain names reveal the difficulties associated with attempts to establish mechanisms to address the problems existing between them. Trade mark laws have been adopted to resolve the trade mark and domain name conflict, resulting in more conflict. Domain name registers have to date been constructed on the basis of first come first served. Given that the generic indicators are very general, it has been inevitable that problems would arise, particularly once the commercial potential of the Internet began to be realised. Unlike domain names, trade marks are protected in ways which are more precise. Trade marks may not be imitated either exactly or in a manner so similar that it is likely to confuse a significant portion of the public. It is possible for more than one enterprise to use the same trade mark in respect of different goods, although this is not possible with domain names. This disparity in objectives leads to two core problems. The first problem relates to cybersquatters who deliberately secure Top Level Domains (TLDs) containing the names or marks of well known enterprises in order to sell them later. The second problem relates to the rival claims between parties who have genuine reasons for wanting particular TLDs, and problems associated with the resolution of such claims. The disputes between parties with legitimate conflicting interests in domain names are often not equitably and effectively resolved, thus compromising the rights of domain name holders. There is great activity in the United States of America (USA) and the United Kingdom (UK) to provide a more substantial system of governing and regulating the Internet. There is a strong movement to provide methods of arbitrating conflicts between honest claims to TLDs which conflict either in Internet terms or in trade mark law. However, these difficult policies remain to be settled. South Africa's progress towards the establishment of an effective mechanism to govern and regulate the Internet has been hindered by the absence of a policy to resolve domain related trade mark disputes. South Africa only recently drafted the South African Regulations for Alternative Domain Name Dispute Resolution (zaADRR), although the regulations have not yet been adopted. Therefore South African parties to domain name disputes continue to find solutions to their problems through the court system or foreign dispute resolution policies. The purpose of this study is firstly to examine and to comment on the basic issues of trade mark law and domain names in this area, with particular reference to South Africa, and secondly to examine the mechanisms in place for the resolution of trade mark and domain name disputes and to highlight the issues that flow from that. An additional purpose of this study is to discuss the policies of the dispute resolution mechanisms and to suggest how these policies can be improved.
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