Sectional Titles: Dr H Mostert (convenor) and Mr AT Maree (First semester)

This course aims at: (i) analysing the legal institution of sectional title (apartment ownership) in legal systems around the world, to demonstrate the social relevance of sectional ownership in urbanised societies; (ii) identifying the shortcomings of the South African sectional title legislation by juxtaposing it with similar legislation in other jurisdictions; and (iii) attempting to develop solutions for the problems existing in the South African context by examining solutions applied in other jurisdictions. In focusing on these aspects, the course provides a legal-comparative overview of apartment ownership with South African law as main component. It addresses issues like the development of apartment ownership as legal institution and the basic nature of sectional ownership. It also investigates certain important technical aspects of the establishment of sectional title schemes in South Africa, and the management structure of schemes, with an emphasis on problems that typically arise in practice.

The Law of Trusts: Prof MJ de Waal (First semester)

The origin, nature and development of the trust; the trust in legal comparative perspective; the formation of a trust and the requirements for a valid trust; the legal position of the trustee; the administration of the trust; the legal position of the trust beneficiary; the variation, revocation and termination of trusts; types of trusts; the trust and taxation; challenges and change in the law of trusts.

Note: A prior knowledge of the South African law of succession and law of contract is a prerequisite for this module.

Private Law and Children’s Rights: Prof CS Human (First semester)

This course deals with the main private law aspects pertaining to children and their rights. The following aspects are covered: the legal status of children; maintenance; children and divorce; family mediation; adoption; children in need of care; the “best interest of the child” in African customary law and the theoretical foundation of children’s rights.

International Law and Children’s Rights: Prof CS Human (Second semester)

This module deals with the main international children’s rights documents pertaining to children and their rights. The following aspects are covered: the status of international children’s rights instruments in South Africa; the United Nations Convention on the Rights of the Child; the African Charter on Rights and Welfare of the Child; The Hague Convention on Inter-Country Adoptions and Children in Armed Conflict.

Advanced Family Law: Prof CS Human (Second semester)

This module focuses on the following aspects: (a) cohabitation as an alternative family form in South Africa and comparative developments in Australia, New Zealand and England; (b) South African matrimonial property law, consequences of the dissolution of marriage and the comparative position in Australia, New Zealand and England; (c) family courts and family mediation; (d) the parent-child relationship with special emphasis on the nature of constitutionally protected rights of children; (e) problems posed in family law by new reproductive techniques.

Note: A prior knowledge of the South African law of persons and family law is recommended.

Comparative Private Law: Prof JE du Plessis (Second semester) (This module will not be offered in 2003)

This module - which is aimed at local as well as foreign students - first examines the method and purpose of comparative law in general, and then proceeds to focus on specific aspects of private law (most notably the law of obligations) in the mainly Continental European civil law family and Anglo-American common law family. After a brief survey of the respective historical backgrounds and an evaluation of the way in which elements of each have been blended or mixed in certain jurisdictions, some key issues in modern private law are addressed. These include the relationship between contractual and delictual liability; pure economic loss; the foundation of contractual liability; imposing pre-contractual liability; the role of good faith in contract; typologies of breach of contract; different approaches to the law of unjustified enrichment, and the law of trusts. These topics could vary from year to year. The purpose of this module is to promote an understanding of the merits of, and relationship between, various systems of private law. Attempts at guiding their development by devising internationally acceptable sets of principles are also examined.