The Faculty of Law (UP Law) at the University of Pretoria (UP) congratulates Prof Piet Delport in its Department of Mercantile Law on the publication of his latest book update, New Entrepreneurial Law (Second edition, 2021).
An excerpt from the Preface (image below) reads that ‘New Entrepreneurial Law is the companion to Nagel et al Commercial Law (2019) and is also intended to be an aid to Henochsberg on the Companies Act 71 of 2008, and that is why the structure follows that of the Companies Act 71 of 2008.’ The update was necessitated due to various important cases that were decided on the provisions of especially the Companies Act 71 of 2008, that interpreted uncertainties of the ‘new’ enactments, but also those cases that merely added another dimension to existing uncertainties.
The book therefore provides a thorough discussion of the underlying principles and philosophy in respect of the different business forms, being the partnership, business trust, close corporation and company. This enables the user not only to make a decision as to the particular form of enterprise, but also to understand, interpret and apply the rules and enactments that govern and regulate the particular enterprise, also in the instances where there are or appear to be inconsistencies and uncertainty in respect of regulation. The law that is stated is therefore what should apply and what is logical and sensible, without venturing into lengthy academic discourses.
New Entrepreneurial Law enables any user to safely and confidently apply the various rules and understand those rules in an otherwise complex and apparently confusing area of the law, that is unique due to the fact that it is multi-dimensional, not only in respect of the internal relationship in the particular enterprise, but also in external relationships with various stakeholders.
The book (9780 6390 00831 and e-book 9780 6390 00848) is published by LexisNexis. More information is available www.myacademic.co.za.
New Entrepreneurial Law is the companion to Nagel et al Commercial Law (2019) and is also intended to be an aid to Henochsberg on the Companies Act 71 of 2008, and that is why the structure follows that of the Companies Act 71 of 2008.
Corporate law has its own 'inner logic', as Coetzee DJP said in Ex parte NBSA Centre Ltd 1987 (2) SA 783 (T). This updated edition of Entrepreneurial Law is based on many years of trying to master and teach that 'inner logic' to students and also to instill in them a love and fascination for entrepreneurial law. Mastering the 'inner logic' unlocks the three-dimensional world of entrepreneurial law and especially of corporate law, even though corporate law will always remain a very strict and jealous master that will keep your feet firmly on the ground.
This book is therefore in recognition of every one of my students over many years who gave me the initiative and energy to always try to find the philosophy and very 'basics' of entrepreneurial law amidst a lot of detail and 'noise' in order to teach it to them in an understandable and palatable manner. I can only hope that my love of corporate law rubbed off on some of them - it would be an immense honour for me, and the pinnacle of my career.
I miss my teachers who gave me the skills to attempt to unlock this captivating discipline - Dawie Botha, Hendrik Cilliers, Marius Benade, Johan Henning - and also my very special friend and colleague - Chris Nagel.
Elna Brelage, Michelle Guy, Beryl Kirsten and Maggie Talanda from LexisNexis made a laborious journey in a strange and difficult year a little bit easier.
For Jacki, Terblanche, Mickey and, especially, for my beloved Andy.