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In the name of the company : an analysis of the provision and effect of section 21 of the Companies Act 71 of 2008
Mini Dissertation (LLM)--University of Pretoria, 2020.
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| Other Authors: | |
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2020
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| _version_ | 1867613677368115200 |
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| access_status_str | Open Access |
| author2 | Botha, Monray Marsellus |
| author_browse | Botha, Monray Marsellus |
| author_facet | Botha, Monray Marsellus |
| collection | Thesis |
| dc_rights_str_mv | © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM)--University of Pretoria, 2020. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/77305 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:39:56.908Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2020 |
| publishDateRange | 2020 |
| publishDateSort | 2020 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/77305 In the name of the company : an analysis of the provision and effect of section 21 of the Companies Act 71 of 2008 Botha, Monray Marsellus julia@arbitration.co.za Le Roux, Lu Corporate law Mini Dissertation (LLM)--University of Pretoria, 2020. A company acquires a legal personality upon incorporation and registration, before which it does not have the required capacity to enter into a valid contract. However, the promoter of a company may have to enter into an agreement on behalf of, or for the benefit of the company to be formed, either for the incorporation or for the future business of the company. Such a pre-incorporation contract often becomes a source of trouble and causes dispute over the validity or the legal consequences of the contract. Laws in common law jurisdictions and civil law jurisdictions make various provisions for pre-incorporation contracts. Ratification by the company, once formed, of the pre-incorporation contract made by the promoter, is possible in some jurisdictions but not in the others. Third parties that enter into the pre-incorporation contract also face different scenarios in different jurisdictions. This mini dissertation analyses the South African law that governs the pre-incorporation contracts, and compares it with the laws of a few common law and civil law jurisdictions, particularly that of China. The purpose of the study is to examine the effect and legal consequence of the pre-incorporation contract in South Africa and China, and to evaluate whether the law of South Africa provides sufficient certainty and protection to the parties involved in the pre-incorporation contract compared with that of China. Mercantile Law LLM Unrestricted 2020-12-07T13:02:06Z 2020-12-07T13:02:06Z 2021-04 2020 Mini Dissertation Le Roux, L 2020, In the name of the company : an analysis of the provision and effect of section 21 of the Companies Act 71 of 2008, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/77305> http://hdl.handle.net/2263/77305 en © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | Corporate law In the name of the company : an analysis of the provision and effect of section 21 of the Companies Act 71 of 2008 |
| title | In the name of the company : an analysis of the provision and effect of section 21 of the Companies Act 71 of 2008 |
| title_full | In the name of the company : an analysis of the provision and effect of section 21 of the Companies Act 71 of 2008 |
| title_fullStr | In the name of the company : an analysis of the provision and effect of section 21 of the Companies Act 71 of 2008 |
| title_full_unstemmed | In the name of the company : an analysis of the provision and effect of section 21 of the Companies Act 71 of 2008 |
| title_short | In the name of the company : an analysis of the provision and effect of section 21 of the Companies Act 71 of 2008 |
| title_sort | in the name of the company an analysis of the provision and effect of section 21 of the companies act 71 of 2008 |
| topic | Corporate law |
| url | http://hdl.handle.net/2263/77305 |