Full Text Available
Note: Clicking the button above will open the full text document at the original institutional repository in a new window.
The development of the Turquand rule and the doctrine of constructive notice in South African company law
Dissertation (LLM)--University of Pretoria, 2022.
Saved in:
| Other Authors: | |
|---|---|
| Format: | Thesis |
| Language: | English |
| Published: |
University of Pretoria
2023
|
| Subjects: | |
| Tags: |
No Tags, Be the first to tag this record!
|
| _version_ | 1867613697449394176 |
|---|---|
| access_status_str | Open Access |
| author2 | Scott, Tshepiso |
| author_browse | Scott, Tshepiso |
| author_facet | Scott, Tshepiso |
| collection | Thesis |
| dc_rights_str_mv | © 2023 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 | Dissertation (LLM)--University of Pretoria, 2022. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/91253 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:40:15.875Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2023 |
| publishDateRange | 2023 |
| publishDateSort | 2023 |
| 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:2263/91253 The development of the Turquand rule and the doctrine of constructive notice in South African company law Scott, Tshepiso wr.pieterse@gmail.com Pieterse, Wynand Reinier UCTD Turquand Rule Doctrine of Constructive Notice Corporate contracting Authority South Africa Dissertation (LLM)--University of Pretoria, 2022. The dissertation analyses the development of the Doctrine of Constructive Notice and the Turquand rule in the South African Legal framework. The Doctrine of Constructive Notice in terms of the common law was that a person dealing with a company was deemed to be aware of the contents of a company’s constitution and all other public documents that were lodged with the registrar of companies and were open for public inspection, whether such a person indeed read these documents or not. In response to the severe effects brought about by this Doctrine, the Turquand Rule was historically formulated to alleviate these severe effects. The Rule essentially protects bona fide third parties who are not aware of any internal irregularities of the company that may effect the validity of the contracts entered into with the company. The continued relevance of these company law doctrines are discussed by analysing the different views of academics and the application thereof by South African courts. A further emphasis is placed on the rules relating to authority as same finds application incorporate contracting. Corporate contracting is discussed and the relevance and application of the Turquand Rule on corporate contracting. When reference is made to corporate contracting, it analysis the relationship of a company with a third party when these parties enters into a contracting relationship with one another. Lastly, a brief comparative analyses is done pertaining to the laws of the United Kingdom and how these doctrines have developed in that jurisdiction compared to South Africa and the practical application and continued relevance of these doctrines in that jurisdiction. Mercantile Law LLM Unrestricted 2023-07-03T12:58:18Z 2023-07-03T12:58:18Z 2023-09 2022 Dissertation * S2023 http://hdl.handle.net/2263/91253 en © 2023 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 | UCTD Turquand Rule Doctrine of Constructive Notice Corporate contracting Authority South Africa The development of the Turquand rule and the doctrine of constructive notice in South African company law |
| title | The development of the Turquand rule and the doctrine of constructive notice in South African company law |
| title_full | The development of the Turquand rule and the doctrine of constructive notice in South African company law |
| title_fullStr | The development of the Turquand rule and the doctrine of constructive notice in South African company law |
| title_full_unstemmed | The development of the Turquand rule and the doctrine of constructive notice in South African company law |
| title_short | The development of the Turquand rule and the doctrine of constructive notice in South African company law |
| title_sort | development of the turquand rule and the doctrine of constructive notice in south african company law |
| topic | UCTD Turquand Rule Doctrine of Constructive Notice Corporate contracting Authority South Africa |
| url | http://hdl.handle.net/2263/91253 |