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- SA Mercantile Law Journal = SA Tydskrif vir Handelsreg
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- Volume 20, Issue 3, 2008
SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - Volume 20, Issue 3, 2008
Volume 20, Issue 3, 2008
Criticism, review and abrogation of the jingle rule in partnership insolvency : a comparative perspectiveAuthor J.J. HenningSource: SA Mercantile Law Journal = SA Tydskrif vir Handelsreg 20, pp 307 –330 (2008)More Less
The division of the proceeds and the marshalling of the assets of insolvent partnerships' and partners' estates have been strongly influenced by the so-called jingle rule that runs as follows: 'Partnership estate to partnership creditors, private estate to private creditors, anything left over from either go to the other'. The term 'jingle rule' reflects the rule's popular appeal to resonance and superficial symmetry, rather than to commercial need or legal principle.
Author Muthundinne SigwadiSource: SA Mercantile Law Journal = SA Tydskrif vir Handelsreg 20, pp 331 –346 (2008)More Less
The challenges that e-commerce poses to international tax laws : 'controlled foreign company legislation' from a South African perspective (part 1)Author Annet Wanyana OguttuSource: SA Mercantile Law Journal = SA Tydskrif vir Handelsreg 20, pp 347 –371 (2008)More Less
Faced with high rates of tax in their countries of residence, taxpayers involved in international trade are increasingly developing global tax avoidance strategies, in order to maximise profits. For most businesses, the possibility of reducing tax costs by basing a business offshore in a low tax jurisdiction is an inherent aspect of international tax planning. Where a company is based in an offshore jurisdiction, it is not subject to domestic tax until its income is distributed to the shareholders as dividends.
Author Anneli LoubserSource: SA Mercantile Law Journal = SA Tydskrif vir Handelsreg 20, pp 372 –390 (2008)More Less
When a company is wound up for reasons of insolvency, it is obvious that there will be no funds left to compensate, even partly, its ordinary shareholders for the loss of their invested funds. One can therefore argue that it would be a waste of time, effort and money to involve these shareholders in the winding-up process, because their interest in the company has, in almost all cases, become a purely academic or theoretical one.
Author S.P. Van ZylSource: SA Mercantile Law Journal = SA Tydskrif vir Handelsreg 20, pp 391 –401 (2008)More Less
In this analysis, I will focus on the possible unfairness of an objective test and explore the possibility of enforcing a subjective test where the VAT vendor's intention, in conjunction with other factors, should be applied in order to determine whether the VAT vendor qualifies for the input tax deduction.
The franchise relationship and the problem of encroachment : Silent Pond Investments CC v Woolworths (Pty) Ltd : case commentsAuthor Tanya WokerSource: SA Mercantile Law Journal = SA Tydskrif vir Handelsreg 20, pp 402 –413 (2008)More Less
The law of unlawful competition (misappropriation of a rival's product) and its constitutional compatibility : Phumelela Gaming and Leisure Ltd v Gründlingh : case commentsAuthor J. NeethlingSource: SA Mercantile Law Journal = SA Tydskrif vir Handelsreg 20, pp 414 –421 (2008)More Less
The constitutional protection of the right to goodwill may also be enhanced in terms of the property clause of the Constitution (s 25), if the concept of 'property' is defined to encompass, apart from things, intellectual property and therefore the goodwill of a business (see Van Heerden-Neethling op cit at 13 n95).
The limits of representation in disciplinary hearings : Banking Insurance Finance & Allied Workers Union v Mutual & Federal Insurance Co Ltd : case commentsAuthor N.L. ParseeSource: SA Mercantile Law Journal = SA Tydskrif vir Handelsreg 20, pp 422 –427 (2008)More Less
More on insurance misrepresentation, materiality, inducement and no-claim bonuses : Mahadeo v Dial Direct Insurance Ltd : case commentsAuthor J.P. Van NiekerkSource: SA Mercantile Law Journal = SA Tydskrif vir Handelsreg 20, pp 427 –438 (2008)More Less
On general principles, it is true that an insured bears a duty correctly to represent and disclose information to the insurer prior to the conclusion of the insurance contract (see further Reinecke, Van der Merwe, Van Niekerk & Havenga op cit in par 196). It is a pre-contractual duty. Facts incorrectly represented or not disclosed may be corrected or disclosed by the insured with impunity at any stage prior to contracting.