Policing Standard Form Contracts in Germany and South Africa: A Comparison

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dc.contributor.authorBraun, Juliaen_ZA
dc.date.accessioned2014-07-30T18:16:39Z
dc.date.available2014-07-30T18:16:39Z
dc.date.issued2014-07-30
dc.description.abstractThe aim of this dissertation is to compare South African law on standard form contracts against the corresponding German law. Thus, the responses of both legal systems to the special situation occurring in cases of standard form contracts will be compared and evaluated. Thereby, the focus of this dissertation is to determine whether South African law on standard form contracts provides adequate protection for the submitting party. German law on standard form contracts provides the basis and outline against which South African law will be critically evaluated. German law was selected for this task, as it was one of the first legal systems, which enacted legislation, and addresses the issue systematically. It should be noted that this dissertation does not aim to evaluate German law on standard form contracts. In the first part of this dissertation I will provide a brief definition of the notion of freedom of contract and consumer protection. I will then proceed to highlight the relevance of standard form contracts in modern society and outline the problems associated with such contracts. This will be followed by a discussion of whether standard form contracts can be considered as classical contracts. In the second part of this dissertation I will outline the law on standard form contracts in both jurisdictions. Concerning the German law, I will give a brief overview of what the relevant provisions state. Concerning South African law, I will briefly illustrate what the relevant common law appears to be without going into far too much depth. Such outlines of the applicable laws are necessary in order to acquaint the reader with some of the important themes that this dissertation will discuss in detail. In part three the actual comparison and evaluation will follow. The comparison will include a detailed illustration of the law on standard form contracts in both jurisdictions. Thereby, some repetition in regard to the applicable law cannot be avoided. Thereafter, the evaluation will more specifically investigate whether South African law is effective in achieving its aims and whether South Africa should introduce legislation on standard form contract terms.en_ZA
dc.identifier.apacitationBraun, J. (2014). <i>Policing Standard Form Contracts in Germany and South Africa: A Comparison</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Private Law. Retrieved from http://hdl.handle.net/11427/4670en_ZA
dc.identifier.chicagocitationBraun, Julia. <i>"Policing Standard Form Contracts in Germany and South Africa: A Comparison."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Private Law, 2014. http://hdl.handle.net/11427/4670en_ZA
dc.identifier.citationBraun, J. 2014-07-30. Policing Standard Form Contracts in Germany and South Africa: A Comparison. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Braun, Julia AB - The aim of this dissertation is to compare South African law on standard form contracts against the corresponding German law. Thus, the responses of both legal systems to the special situation occurring in cases of standard form contracts will be compared and evaluated. Thereby, the focus of this dissertation is to determine whether South African law on standard form contracts provides adequate protection for the submitting party. German law on standard form contracts provides the basis and outline against which South African law will be critically evaluated. German law was selected for this task, as it was one of the first legal systems, which enacted legislation, and addresses the issue systematically. It should be noted that this dissertation does not aim to evaluate German law on standard form contracts. In the first part of this dissertation I will provide a brief definition of the notion of freedom of contract and consumer protection. I will then proceed to highlight the relevance of standard form contracts in modern society and outline the problems associated with such contracts. This will be followed by a discussion of whether standard form contracts can be considered as classical contracts. In the second part of this dissertation I will outline the law on standard form contracts in both jurisdictions. Concerning the German law, I will give a brief overview of what the relevant provisions state. Concerning South African law, I will briefly illustrate what the relevant common law appears to be without going into far too much depth. Such outlines of the applicable laws are necessary in order to acquaint the reader with some of the important themes that this dissertation will discuss in detail. In part three the actual comparison and evaluation will follow. The comparison will include a detailed illustration of the law on standard form contracts in both jurisdictions. Thereby, some repetition in regard to the applicable law cannot be avoided. Thereafter, the evaluation will more specifically investigate whether South African law is effective in achieving its aims and whether South Africa should introduce legislation on standard form contract terms. DA - 2014-07-30 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2014 T1 - Policing Standard Form Contracts in Germany and South Africa: A Comparison TI - Policing Standard Form Contracts in Germany and South Africa: A Comparison UR - http://hdl.handle.net/11427/4670 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/4670
dc.identifier.vancouvercitationBraun J. Policing Standard Form Contracts in Germany and South Africa: A Comparison. [Thesis]. University of Cape Town ,Faculty of Law ,Department of Private Law, 2014 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/4670en_ZA
dc.language.isoesen_ZA
dc.publisher.departmentDepartment of Private Lawen_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.titlePolicing Standard Form Contracts in Germany and South Africa: A Comparisonen_ZA
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationnameLLMen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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