Capacitas : Contract Law, Capabilities and the Legal Foundations of the Market

2014 ◽  
Keyword(s):  
Contract Law ◽  
Legal Foundations

Case Note: Uneasy Lies the Head that Wears a Crown: Moyo v Old Mutual Limited (22791/2019) [2019] ZAGPJHC 229(30 July 2019) and Old Mutual Limited v Moyo (2020) 41 ILJ 1985 (GJ)

2021 ◽  
Vol 33 (1) ◽  
pp. 137-152
Author(s):  
Marius van Staden ◽  
Kathleen van der Linde
Keyword(s):  
South Africa ◽  
Contract Law ◽  
Case Note ◽  
Mediation Process ◽  
Confidential Information ◽  
Essential Aspect ◽  
Legal Foundations ◽  
Mediation Agreement ◽  
Interpretation Of Contract

Confidentiality is seen as one of the pillars of mediation. Parties to mediation rely on this essential aspect of mediation in order to protect themselves against the subsequent use of confidential information which has been divulged during mediation and outside the mediation process. The mediation agreement is seen as one of the basic legal foundations for the application of mediation confidentiality as it constitutes a contract between the parties, and it also contains a confidentiality clause. This article deals with contract as a basis for mediation confidentiality. It considers the nature of mediation as well as the parties involved in mediation. It further discusses some of the principles of contract law and the interpretation of contract law in South Africa in the light of the mediation agreement.

Ethical and Legal Foundations of Relational Marketing Exchanges

1993 ◽  
Vol 57 (4) ◽  
pp. 35-46 ◽  
Author(s):  
Gregory T. Gundlach ◽  
Patrick E. Murphy
Keyword(s):  
Exchange Interaction ◽  
Contract Law ◽  
Limited Attention ◽  
Relational Exchange ◽  
Relational Marketing ◽  
Law And Ethics ◽  
Legal Foundations

Previous study of exchange by marketing scholars has emphasized events and conditions leading to and the outcomes of exchange interaction. However, limited attention has been directed toward the role of ethics and law in exchange. The emerging perspective of relational exchange suggests the importance of these foundations. The authors examine the interrelationship of contract law and ethics for building and sustaining marketing exchanges. They explore dimensions of ethical exchange and offer managerial and research implications.

Contract as a Basis for Mediation Confidentiality

2021 ◽  
Vol 33 (1) ◽  
pp. 112-136
Author(s):  
Michael Laubscher
Keyword(s):  
South Africa ◽  
Contract Law ◽  
Mediation Process ◽  
Confidential Information ◽  
Essential Aspect ◽  
Legal Foundations ◽  
Mediation Agreement ◽  
Interpretation Of Contract

Confidentiality is seen as one of the pillars of mediation. Parties to mediation rely on this essential aspect of mediation in order to protect themselves against the subsequent use of confidential information which has been divulged during mediation and outside the mediation process. The mediation agreement is seen as one of the basic legal foundations for the application of mediation confidentiality as it constitutes a contract between the parties, and it also contains a confidentiality clause. This article deals with contract as a basis for mediation confidentiality. It considers the nature of mediation as well as the parties involved in mediation. It further discusses some of the principles of contract law and the interpretation of contract law in South Africa in the light of the mediation agreement.

JUDICIARY AND JUDICIARY OF UKRAINE IN THE CONTEXT OF THE NATIONAL MENTALITY

2019 ◽  
pp. 88-97
Author(s):  
Oleksandr Byrkovych
Keyword(s):  
Scientific Knowledge ◽  
Practical Importance ◽  
Constitutional Court ◽  
State Institutions ◽  
Radical Reform ◽  
Legal Studies ◽  
National Tradition ◽  
Scientific Institutions ◽  
Legal Foundations ◽  
Constitutional Right

Purpose. The purpose of the article is to identify the fundamental values of the Ukrainian people, on the basis of which not only his mentality, but also all national-state institutions, including institutions of justice and justice, as well as to identify trends of influence of these values on the further development of legal foundations of the judiciary and justice of Ukraine. Method. The methodological basis of the study was the combination of principles and methods of scientific knowledge. For the objectivity of the research, a set of general scientific, special-legal, special-historical and philosophical methods of scientific knowledge was used. Results. At the current stage of reforming the institutions of the judiciary and the judiciary, the notion of fair justice, which is formed on the basis of popular national culture, plays an important role. Given the functioning of the modern Constitutional Court of Ukraine, whose representatives are formed by delegation to the Verkhovna Rada of Ukraine, the President of Ukraine, the Cabinet of Ministers of Ukraine and the judiciary, this institution needs radical reform as it has repeatedly made political rather than constitutional decisions. Scientific novelty. Based on the analysis of the national tradition of justice, it is established that the Constitutional Court should be formed by public organizations, which are formed by legal experts. There are several higher scientific institutions in Ukraine which have departments, constitutional law research institutes. Their representatives should delegate the best experts in the constitutional right to competitive selection to fill vacancies in the constitutional court. Practical importance. The results of the study can be used in further historical and legal studies, preparation of special courses.

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