Research Focus Areas

 

Staff members of the Department Private Law attend and present papers at a variety of international and national conferences each year. Some of the highlights of the past three years are listed below.

International Conferences

Prof Trynie Boezaart presented lectures and conducted research at the University of Emory in Atlanta in 2011. In March 2013 she presented a paper entitled “Building bridges: African customary law and children’s rights at the 6th World Congress on Family Law and Children’s Rights in Sydney. She also attended a Colloquium at the University of Auckland in New Zealand and there presented a paper entitled “In between the Convention on the Rights of the Child and the Hague Abduction Convention lies the child’s objection clause”.

The department of Private Law is always well represented at the World Conferences of the International Society of Family Law.

In July 2011 Dr Anne Louw presented a paper at this conference held in Lyon. Prof Anton van der Linde also presented a paper at this conference entitled “The right of the child to contact with both parents”. Prof Boezaart’s paper was entitled “Caring for the reproductive rights of children and young adults with disabilities – the roles and responsibilities of the family and the state”.

The International Private Law Conference in 2012 was attended by Prof Steve Cornelius and Prof Trynie Boezaart. Prof Cornelius was a member of the International Programme Committee and presented a paper at this conference entitled “The significance of signature for the validity of a contract in South Africa”. Prof Boezaart presented a paper entitled “The child’s objection and the Child Abduction Convention: Lessons from South Africa.” 

At the 4th International Private Law Conference in Bangkok, Thailand, during November 2013, Prof Boezaart presented a paper on “Sterilization of children and young people with disabilities in Europe.” She also served on the International Programme Committee for the Thailand conference.

Prof Birgit Kuschke presented a paper at a conference in Tel Aviv in 2011.  In 2012 she attended the Collective meeting in the Consumer Protection and Dispute Resolution working groups pf the International Association for Insurance Law and there presented a paper entitled “Transparency in insurance in South Africa: The definition of a consumer in South African Insurance Law and the role of intermediaries. In 2013 Prof Kuschke attended that Australian Insurance Law Association’s National Conference in Sydney.

National Conferences

In 2013 the Department of Private Law hosted the 4th Annual Law of Succession and Trusts Colloquium.

At this colloquium Prof Anton van der Linde presented a paper titled “Bequest of a business concern assets and liabilities included: some comments” and Prof Linda Schoeman-Malan’s paper was on “Privaatregtelike perspektief op onwaardigheid om te erf – die uitwerking van gesinsmoorde”. Prof Papa Maithufi presented a paper titled “Some comments on the Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009” and Ms Lichel Kinnear presented a paper on “Gedeeltelike herroeping en/of wysiging van testament”.

Prof Boezaart attended the Private Law and Social Justice Conference at the Nelson Mandela Metropolitan University during August 2013 and presented a paper on “The role of the curator ad litem for children”.

Several lecturers from the Department presented papers at the Family Law Colloquium held at the University of the Free State on 26 September 2013:

Prof Neil van Schalkwyk’s paper was titled “Die toepassing van die Larkom-reël en die informele wysiging van huweliksgoederestelsels stante matrimonio”, and Dr Anne Louw’s paper was on  “Surrogacy and the genetic requirement”. Prof van Schalkwyk and Dr Louw also attended the Family Law Colloquium in Port Elizabeth in 2012.

Prof Linda Schoeman-Malan attends the Law of Succession and Trust Law Conference on an annual basis. In 2013 she presented a paper titled “The Bloody Hand”, in 2012 her paper was on “Section 2(3) of the Wills Act and in 2011 she presented a paper “Lost Wills and the duty to care” at this annual Conference. She also attended the Fiduciary Institute of South Africa Conference in September 2011 where she presented a paper on the “Revocation of Wills” and in September 2013 she presented a paper titled “Private law aspects which the executor must take into account”.

In 2012 Prof Anton van der Linde presented a paper on “Formalities for wills and claims against the deceased estate” at the Law of Succession and Trust Conference in Cape Town. Prof Linda Schoeman-Malan also presented a paper at this conference with the same title.

In 2012 Adv Annelize du Pisani presented a paper on “Strict Liability in the World Anti-Doping Code: A contractual perspective” at the Sports Law Colloquium in 2012 which was hosted by the South African Institute for Drug-Free Sport.

Other research activities of interest

The Department regularly hosts visiting professors. Prof Johan van der Vyver visits Department of Private Law every year. During his vist in 2013 he presented a public lecture on the expropriation of mineral rights.

Prof R Koch from the University of Hamburg, Germany and Prof I Blackshaw from England also visited our Department in 2011.

Prof Kuschke was the Chair and International Rapporteur of the session on ‘Discrimination in Insurance’ at the XIVth World Congress of the International Insurance Law Association (AIDA) held in September 2014.

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