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Author: Daleen Millard
Publisher: Juta and Company Ltd
ISBN: 9781485100430
Category : Insurance law
Languages : en
Pages : 184
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Book Description
"Modern Insurance Law in South Africa explains the basic principles of insurance law in plain language. Insurance law is often perceived as complicated because the statutory framework consists of three Acts, namely the Long-term Insurance Act 52 of 1998, the Short-term Insurance Act 53 of 1998 and the Financial Advisory and Intermediary Services Act 37 of 2002 (FAIS). While the former statutes regulate insurers and insurance products, FAIS regulates intermediaries and advisers for financial products, of which insurance forms an important part. Often practitioners find it hard to understand which statute is applicable to a particular situation. An added complication is that many aspects regarding insurance are still regulated by common law. This publication contains a systematic explanation of the most important aspects of insurance law in the South African context. It is essential for students and practitioners alike and is an excellent source of information for intermediaries and representatives who have to prepare for their regulatory examinations"--Provided by publisher.
Author: Daleen Millard
Publisher: Juta and Company Ltd
ISBN: 9781485100430
Category : Insurance law
Languages : en
Pages : 184
Get Book Here
Book Description
"Modern Insurance Law in South Africa explains the basic principles of insurance law in plain language. Insurance law is often perceived as complicated because the statutory framework consists of three Acts, namely the Long-term Insurance Act 52 of 1998, the Short-term Insurance Act 53 of 1998 and the Financial Advisory and Intermediary Services Act 37 of 2002 (FAIS). While the former statutes regulate insurers and insurance products, FAIS regulates intermediaries and advisers for financial products, of which insurance forms an important part. Often practitioners find it hard to understand which statute is applicable to a particular situation. An added complication is that many aspects regarding insurance are still regulated by common law. This publication contains a systematic explanation of the most important aspects of insurance law in the South African context. It is essential for students and practitioners alike and is an excellent source of information for intermediaries and representatives who have to prepare for their regulatory examinations"--Provided by publisher.
Author: Daleen Millard
Publisher: Kluwer Law International B.V.
ISBN: 9403500018
Category : Law
Languages : en
Pages : 177
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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides valuable practical insight into both public supervisory legislation concerning insurance and private insurance contract law in South Africa. An informative general introduction surveying the legal, political, financial, and commercial background and surroundings of insurance provides a sound foundation for the specific detail that follows. The book covers all essential aspects of the law and regulation governing insurance policies and instruments. Its detailed exposition includes examination of the form of the insurance company and its reserves and investments; the insurance contract; the legal aspects of the various branches of property and liability insurance; motor vehicle insurance schemes; life insurance, health insurance, and workmen’s compensation schemes; reinsurance, co-insurance, and pooling; taxation of insurance; and risk management and prevention. Succinct yet eminently practical, the book will be a valuable resource for lawyers handling cases affecting South Africa. It will be of practical utility to those both in public service and private practice called on to develop and to apply the laws of insurance, and of special interest as a contribution to the much-needed harmonization of insurance law.
Author: Louis F. van Huyssteen
Publisher: Kluwer Law International B.V.
ISBN: 9041189343
Category : Law
Languages : en
Pages : 194
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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in South Africa covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in South Africa will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.
Author: Patrick Vrancken
Publisher: African Sun Media
ISBN: 1991201060
Category : Law
Languages : en
Pages : 241
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Book Description
This book is the culmination of research collaboration between the Nelson Mandela University and the University of Johannesburg, and, in particular, between the South African Research Chair in the Law of the Sea and Development in Africa (housed at Nelson Mandela University) and the Centre for Banking Law (housed at the University of Johannesburg). The topics considered have their roots respectively in international law, environmental law, public law and international trade law. The common denominator is the sea.
Author: Pierpaolo Marano
Publisher: Springer Nature
ISBN: 3030636216
Category : Law
Languages : en
Pages : 617
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Book Description
This volume focuses on transparency as the guiding principle for insurance regulation and supervisory law. All chapters were written by experts in their respective fields, who address transparency in a wide range of European and non-European jurisdictions. Each chapter reviews the transparency principles applicable in the jurisdiction discussed. While the European jurisdictions reflect different facets of the principle as emerging from EU law on insurance, the principle has developed quite differently in other jurisdictions.
Author: Franziska Arnold-Dwyer
Publisher: Routledge
ISBN: 0429664125
Category : Business & Economics
Languages : en
Pages : 289
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Book Description
This book assesses the role of the doctrine of insurable interest within modern insurance law by examining its rationales and suggesting how shortcomings could be fixed. Over the centuries, English law on insurable interest – a combination of statutes and case law – has become complex and unclear. Other jurisdictions have relaxed, or even abolished, the requirement for an insurable interest. Yet, the UK insurance industry has overwhelmingly supported the retention of the doctrine of insurable interest. This book explores whether the traditional justifications for the doctrine – the policy against wagering, the prevention of moral hazard and the doctrine’s relationship with the indemnity principle – still stand up to scrutiny and argues that, far from being obsolete, they have acquired new significance in the global financial markets and following the liberalisation of gambling. It is also argued that the doctrine of insurable interest is an integral part of a system of insurance contract law rules and market practice. Rather than rejecting the doctrine, the book recommends a recalibration of insurable interest to afford better pre-contractual transparency to a proposer as to the suitability of the policy to his or her interest in the subject-matter to be insured. Providing a powerful defence for the retention of insurable interest, this book will appeal to both academics and practitioners working in the field of insurance law.
Author: John Hare (LLB.)
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1296
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Book Description
This is a comprehensive study of maritime law in South Africa since the Admiralty Jurisdiction Regulation Act of 1983 broke the shackles of the limited reach of English Colonial admiralty jurisdiction.
Author: Margarida Lima Rego
Publisher: Springer Nature
ISBN: 3030827046
Category : Law
Languages : en
Pages : 264
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Book Description
This volume examines the impact of and interplay between human rights and insurance. National, supranational and international legal instruments regulating the taking-up and pursuit of the business of insurance and reinsurance, (re)insurance distribution and the insurance contract often refer to or impact on human or fundamental rights. Courts are often faced with the sometimes seemingly impossible task of reconciling insurance core principles, practices and mind-sets with the principles and values stemming from human rights protection. In some cases, such as that of discrimination in insurance, this discussion has been going on for decades. Some deal with hot topics which have more recently emerged in light of developments stemming from technologic innovations (‘InsurTech’). The first part of the book focuses on insurance and the right to equal treatment. Discrimination on the basis of factors such as gender or age is tackled, from the perspectives of the European Union, Canada and South Africa. The second part of the book highlights the very relevant role played by insurance in the upholding of the right to health, covering the United States of America, Africa and Brazil. The third part of the book explores InsurTech's manifold challenges upon the right to privacy, focusing on European Union. The fourth part tackles the threat posed by insurance on the right to life in general, but with a particular focus on the United Kingdom. Written by legal scholars and practitioners, the book offers international, comparative and regional or national perspectives, aiming to contribute to a more thorough and systematic understanding of the interactions between these two very different fields of law, providing the industry as well as the scientific community with insights from both sides of this seemingly difficult to transpose divide.
Author: Robin Pearson
Publisher: Routledge
ISBN: 131732353X
Category : Business & Economics
Languages : en
Pages : 280
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Book Description
Despite their economic and social importance, there are relatively few book-length studies of national insurance industries. This collection of nine essays by a group of international experts redresses this balance; providing an extensive geographical and thematic spread, linked via an extensive introduction.
Author: David St Leger Kelly
Publisher:
ISBN: 9780409318067
Category : Insurance law
Languages : en
Pages :
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Book Description
