Dissertations / Theses: 'Commercical art'

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Raley, Gabrielle. "Between art and advertising the production, organization, and culture of commercial art /." Diss., Restricted to subscribing institutions, 2010. http://proquest.umi.com/pqdweb?did=2023816031&sid=1&Fmt=2&clientId=1564&RQT=309&VName=PQD.

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Colaprete, Chiara <1983&gt. "L'azione risarcitoria ex art. 2497 c.c." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2012. http://amsdottorato.unibo.it/4983/.

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Scopo della presente trattazione è quello di andare ad osservare in che modo il legislatore della riforma abbia cercato di offrire una disciplina ad un fenomeno sempre più in espansione nell’economia italiana: i gruppi di impresa. In particolare, l’elaborato è composto da 3 nuclei. Il primo analizza la disciplina, introdotta nel 2003, relativa all’attività di direzione e coordinamento (art. 2497 c.c. e ss) rintracciandone le regole generali e il rapporto con le norme del codice civile. Una seconda parte approfondisce gli elementi costitutivi dell'attivita' di direzione e coordinamento, i presupposti affinche' si possa configurare una responsabilita' da parte della societa' capogruppo e i soggetti conivolti all'interno di un gruppo. La terza parte e' invece dedicata allo studio delle problematiche legate all’azione risarcitoria introdotta con la disposizione di cui all’art. 2497 c.c., soprattutto confrontando la posizione dei soci di minoranza con quella dei creditori sociali. In particolare, vengono descritte le modalità con le quali i soci e i creditori sociali possono esercitare l’azione a tutela dei propri interessi e dunque tentare di trovare pieno ristoro ai danni sofferti; danni che in qualche modo risultano legati alle scelte operate dal gruppo di comando e, più tecnicamente, dalla società che esercita l’attività di direzione e coordinamento, la c.d. capogruppo.
Aim of the present research is to observe and study how the legislator tried to regulate an important and growing phenomenon in the Italian economy: the business groups. In particular, this papaer is made up of three main topic. The first one analyses the prevision introduced in 2003 and connected with the management and co-ordination activity (art. 2497 c.c. et seq), in order to compare the relationship between the general rules on this matter and the prevision of the Civil Code.The second part is focused on the substantive elements of the management and coordination activity, the condition for a parent's company liability and the individual involved and implicated within the group. Finally, the third part is completely dedicated to the study of the problems related with the action of compensation introduced with the prevision contained in article 2497 c.c., having particular regards to the comparison between the position of the minority of the stakeholders and that of the company's creditors. Particular attention has been draw on the terms within which both the shareholders and company's creditors may act in order to protect their own interests and thus, find full compensation of the suffered damages, when those damages are deemed to connected with the policy of the dominant stakeholders or, technically, of the compaby which is carrying out of the management and co-ordination activity, the so called parent company.

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Mon, Shuk-lin Shereen. "An urban communication tool the Centre for Advertising and Communication Arts /." Click to view the E-thesis via HKUTO, 1997. http://sunzi.lib.hku.hk/hkuto/record/B31983571.

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Muller, Lize. "The recurrence of 'pop' in contemporary visual art." Pretoria : [s.n.], 2006. http://upetd.up.ac.za/thesis/available/etd-09232008-151520.

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Khiba, Motselisi. "What are the implications of South Africa's Protection of Investment Act on the SADC regions' aims to harmonise investment policy within the region, and how can possible inconsistencies and challenges be overcome?" Master's thesis, Faculty of Law, 2021. http://hdl.handle.net/11427/33365.

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Pre-Democratic South Africa was largely an isolated State. With the exceptions of the automotive and textile sectors, the country did not attract significant foreign investment due to the economic sanctions imposed by the international community in response to the crimes of apartheid. Between 1993 and 1995, the newly elected democratic government of South Africa concluded its first bilateral investment agreements with European countries. These bilateral investment agreements were made the standard for future treaties. The newly elected government realised the importance of foreign direct investment for achieving its economic growth and development objectives. Moreover, the conclusion of several bilateral investment treaties was used to strengthen relations with other countries and a tool to promote investment. However, by the late 1990s the South-African government found that these treaties were no longer appropriate. They often conflicted with the States socio-economic development policies and presented unequal protections for foreign investors and the States national policies. The Piero Foresti case, in which Italian investors brought an international arbitration claim against the South African government, galvanized the investment policy review process. The policy recommendation stemming from the review process included; that the South African cabinet refrain from entering into new bilateral investment treaties (BITs) - unless there were compelling political or economic reasons to do so, terminate existing BITs and replace them with domestic legislation. This dissertation considers the impact of the change in South Africa's investment policy on the Southern African Development Community (SADC) regions' efforts to harmonise investment policy across member states. It is an empirical study which considers South Africa's policy shift within the international investment law global context. Given South Africa's powerful andsomewhat hegemonic position on the African continent and within the region, whatever changes take place internally, are bound to spill-over into the region and potentially across the continent. The regional impact is analysed and described in detail. The research encompasses broader regional integration challenges, relations among member states and implications for dispute resolution. The study concludes that South Africa's policy shift is in line with global developments. It is an attempt to find a balance between investor protection and the States' ability to regulate. However, the policy shift has created a measure uncertainty regarding the settlement investment disputes within South Africa and across the SADC region. Furthermore, the broader obstacles which inhibit regional integration across SADC need to be addressed in order to facilitate investment policy harmonisation.

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Counselman, Jerry W. "European immigrant designers and their influences on American graphic design 1920-1950 /." Online version of thesis, 1990. http://hdl.handle.net/1850/10923.

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Sarrafi, Aroosha. "Promotional materials for the Central Connecticut State University. Department of Design (Graphic/Information)." View abstract, 1999. http://library.ctstateu.edu/ccsu%5Ftheses/1559.html.

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Thesis (M.S.)--Central Connecticut State University, 1999.
Thesis advisor: Sue Vial. " ... in partial fulfillment of the requirements for the degree of Master of Science in Art education." Includes bibliographical references (leaf [9]).

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Rodriguez, Eli. "Horizon : Travel services to Puerto Rico /." View abstract, 1999. http://library.ctstateu.edu/ccsu%5Ftheses/1558.html.

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Reynard, Tony. "How do art dealers document sales transactions? : a case study in Paris /." Thesis, May be available electronically:, 2005. http://proquest.umi.com/login?COPT=REJTPTU1MTUmSU5UPTAmVkVSPTI=&clientId=12498.

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Thesis (J.S.M.)--Stanford University, 2005.
Submitted to the Stanford Program in International Legal Studies at the Stanford Law School, Stanford University. "May 2005." Includes bibliographical references. Also available online.

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PURPURA, LUCA. "La risoluzione dei contrasti nella gestione di società (art. 37 d. lgs. N. 5/2003)." Doctoral thesis, Università Cattolica del Sacro Cuore, 2007. http://hdl.handle.net/10280/91.

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La tesi prende in esame lo strumento giuridico, denominato arbitrato economico , introdotto dal d. lgs. 17 febbraio 2003, n. 5. Questa disposizione consente di fissare, nell'atto costitutivo delle società di persone e di capitali, clausole che stabiliscono il deferimento a soggetti terzi dei contrasti tra coloro che hanno il potere di amministrazione in ordine alle decisioni da prendere nella gestione sociale. Questo sistema di risoluzione dei contrasti in materia di gestione rappresenta, nella realtà italiana, una sostanziale novità: esso pone numerosi interrogativi in punto tanto di fattispecie, quanto di disciplina. La tesi tenta di affrontare le principali questioni sollevate dall' arbitrato economico anche alla luce dell'esperienza comparatistica (in particolare: tedesca e statunitense).

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Isaacs, Nicola Jane. "The Trade Marks Act 1994." Thesis, University of Exeter, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.388591.

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Reed, Alycia Faith. "Fifteen minutes and then some: an examination of Andy Warhol's extraordinary commercial success." Thesis, University of Iowa, 2012. https://ir.uiowa.edu/etd/2973.

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Andy Warhol, one of the most famous American artists in history, achieved an extraordinary level of commercial and merchandizing success both during his lifetime and posthumously. Utilizing contemporary advertising theory, the emotional and psychological appeal of the artist to the art world and the general public is revealed.

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Pike, Adam. "A textual analysis of section 164 of the Companies Act 71 of 2008." Master's thesis, University of Cape Town, 2013. http://hdl.handle.net/11427/6048.

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Buba, Zolani P. "The balancing of creditor interests in business rescue provisions of the Companies Act 2008." Doctoral thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/26884.

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The integrated global economy has presented challenges as well as opportunities for companies and their surrounding communities. This has resulted in many jurisdictions having to re-evaluate the question of company failure and how best to deal with it. The South African context has seen the enactment of a new Companies Act, ushering in a rescue regime which evidences a significant departure from its predecessor; judicial management. Contained within Chapter 6 of the Companies Act of 2008, business rescue adopts a fresh approach to company resuscitation. With relatively easy access to the procedure, business rescue caters for the restructure of the business, debt or its equity to ensure either a return to solvency or a better return to creditors than in liquidation. The new regime is further underpinned by the 2008 Act purpose provision, which envisages an efficient business rescue procedure and further mandates that the resolution of financial distress be conducted in a manner that balances the rights and interests of all relevant stakeholders. It is in this light, that this study explores the interplay between section 7(k) and Chapter 6 of the new Act. Specifically, the work sets out to critique the manner in which our new business rescue regime balances competing stakeholder interests in its provisions and investigates whether current provisions provide an adequate framework for this to be done in a manner that enhances the regime's ability to return a financially distressed company to a position of solvency, as a primary objective. After discussing the previous judicial management regime and exploring the mechanics of Chapter 6, a comparative study of similar procedures in the United Kingdom and the United States is undertaken. The study further identifies a number of weaknesses and makes recommendation for improvement.

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Thidemann, Anne. "The art of dealing : commercial galleries in Paris towards the end of the nineteenth century." Thesis, University of Cambridge, 2004. https://www.repository.cam.ac.uk/handle/1810/265467.

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Art plays a central role in our society as a representation of who we are and as a challenge to our values. This thesis looks at the moment in which art became an object of speculation and the art world had to face the challenges of commercialisation. Throughout the nineteenth century the French State was the main patron of the aitists. The Salon, the annual Academic exhibition, provided a secure career path and a reliable income from public commissions. Around 1880, State patronage began to decline prompting a whole generation of artists to seek representation by private dealers. Thus began a thirty-year struggle for a new market structure. This thesis considers the role played by the art dealers in this change, an area which, till now, has largely been neglected. The starting point was the business history of the Galerie Georges Petit questioning how this gallery grew into the largest in Paris and maintained its prime position for over thirty years. In 1879 Georges Petit, inhelited a smaller gallery from his father, which dealt mostly in plints. Eyeing the potential of the expanding art market Petit decided to increase the scope of the business. In May 1882 he inaugurated a new building to house the gallery and presented his first exhibition in this vast space, luxuriously decorated in velvety fabrics and with comf01table chairs for relaxed and sociable enjoyment of the works on display. Petit invented the exclusive gallery expelience, which became important as a means to promote the work of contemporary aitists to the financial elite. The initiatives of the Galerie Georges Petit influenced other gallelies significantly. A comparative study of the activities of the Galerie Arnold & T1ipp, also founded in 1882, revealed a surplising level of collaboration between dealers. Despite fierce rivalry art dealers shared investments and risks, passed on clients, and used each other's expertise to authenticate works of ait. The results of the research have shown that dealers accepted their patronage of the arts with an entrepreneulial approach introducing innovative exhibition concepts, assuming a new ment01ing role and establishing relationships between artists and collectors. This thesis has also provided new insight into the financial structure of the commercial galleries and the development of contractual agreements between artists and dealers. Art dealers promoted the transition from public to private patronage actively and must therefore be p:;v~ntral to the development of the modern art market.

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Morgan, Amber. "A Conjugate Arrangement for Measuring Commercial Viewing." Thesis, University of North Texas, 2017. https://digital.library.unt.edu/ark:/67531/metadc1011852/.

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Commercial viewing was measured by a conjugate arrangement for 1 female and 3 male participants. Reinforcing qualities were evaluated according to screen variations and ratings. Subjects changed the screen clarity via knob pressing either making the screen more or less transparent, translucent or opaque based on commercial interest. Results were conducive to participant attentiveness or indifference to commercial viewing. Experimenter was able to identify the commercials that grasped and maintained the participants' viewing behavior. Conceptually this conjugate arrangement could enhance eye tracking technology to improve marketing and advertising strategies. This experiment yield results that suggest a more concrete analysis of consumer response to visual stimuli that maintains attending.

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Assidon, Elsa. "Le commerce captif : les sociétés commerciales françaises de l'Afrique noire /." Paris : l'Harmattan, 1989. http://catalogue.bnf.fr/ark:/12148/cb351978856.

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Mwape, Bibiana Mwansa. "An analysis of section 86(10) of the National Credit Act no. 32 of 2005." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15193.

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The financial sector in general is a difficult industry to regulate, as there is a need to balance the competing interests of the various stakeholders. Tampering with the cornerstone of the capitalist system naturally arouses diverging views and is often the subject of many debates as is evidenced by the debates surrounding the National Credit Act ('NCA'). Nonetheless, its regulation can be a weapon to fight against poverty and inequality as evidenced by the purposes of the NCA. The object of this research is to analyse the law on debt review, focusing on the credit provider's right contained in s 86(10) of the NCA to terminate the debt review process.

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Chokuda, Batanai Tirivamwe. "Advancing and protecting the interests of creditors and employees under the Companies Act 71 of 2008." Master's thesis, University of Cape Town, 2012. http://hdl.handle.net/11427/12661.

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Includes bibliographical references.
This dissertation seeks to assess the impact the new Companies Act will have on the socio-economic transformation of the South African society and point out areas where corporate law can do more to help bring about this transformation. It focuses on creditors and employees as key corporate constituencies whose interests the board of directors have to constantly consider in making decisions. It argues that an expansive approach to corporate governance that includes other corporate constituencies, not only the shareholders, is the best way to harness the impressive wealth generating capacity of the corporate form to bring about socio-economic transformation in South Africa.

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Zirnheld, Bernard Paul. "Presque Un Monument| Republican Urbanism and the Commercial Architecture of the Rue Reaumur (1896-1900)." Thesis, Yale University, 2018. http://pqdtopen.proquest.com/#viewpdf?dispub=10957349.

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The Rue Réaumur, cleared and constructed between 1896 and 1900, was the first major urbanism project initiated in central Paris after the dismissal of Haussmann. Realized under the Third Republic and under the guidance of a democratically elected Paris Municipal Council, the street provoked an unprecedented public debate about urbanist priorities, the management of municipal debt, and architectural aesthetics. Disappointed with the visual homogeneity of the Haussmannian boulevard, Councilors liberalized building code and declared a Concours des Façades in the Rue Réaumur in order to visually revitalize their city.

That variation of the streetscape would turn on a monumentalization of the urban party-wall building through enlarged saillies and avant-propos, corbelled façade elements hitherto banned in the streets of Paris. Conceived as a central business district, the Rue Réaumur was also a unique concentration of commercial architecture, which encouraged an expanded use of iron structure to open building interiors and façades into naturally illuminated, floor-through spaces of manufacture. Construction in the Rue Réaumur was, then, guided by contradictory impulses. Charged with psychically countering the uniformity of the rationalized city, the exuberant elevations of the new street simultaneously masked a reordering of the architectural object by similar pressures towards economic and technological efficiency.

This dissertation treats the architecture of the Rue Réaumur and the public debate that shaped it as mutually determining engagements of architectural modernity. It situates the street's evolution as a response to the political, economic, spatial, and psychic challenges posed by the emerging capitalist metropolis. Reconstruction of the architectural and social discourses that informed design practice in the Rue Réaumur positions late-century eclecticism as an indispensable step in the development of interwar Parisian modernism. That architecture served as the primary object of rejection within modernist historiography and avant-garde theory due to its reliance on historical vocabularies. This study demonstrates that the perceptual immediacy desired of the late-century Parisian façade was of equal importance to the development of architectural modernism as theories of structural rationalism. It considers eclecticist architecture like that of the Rue Réaumur as a moment of dynamic invention within nineteenth-century theory and design practice, the terms of which would integrally condition Le Corbusier's reconception of architecture and architectural aesthetics a generation later.

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Mgiba, Martin Rifuwo. "The role of Section 12 A (3) of the Competition Act to bring into effect the objectives of the act of addressing social and economic problems and past inequalities through the public interest assessment in merger proceedings." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15176.

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The advent of our constitution necessitated a drastic re-evaluation of our aspirations as a young democratic state. Formal equality had to be accompanied by substantive equality. Substantive equality could only be achieved by a total revamp of our economic policy and framework, which was designed to benefit the white minority. The government quickly realized the fact that our competition jurisprudence had a significant role to play in bringing about economic and social reform. The challenge however was that the economy inherited, was littered with monopolies. As a result in 1995, the South African government embarked on a project to review competition policy and the process was concluded in September 1998 when Parliament passed the Act into law. The Act introduced new provisions, including the consideration of public interest in merger regulation. The inclusion of public interest in the Act was motivated by the need to address the socio-economic inequalities arising in society. Competitiveness and development was seeing as mutually supporting objectives. It was recognised that a small economy like South Africa, may be concentrated and therefore any merger and acquisition activity can create further concentration and social disparities if left unchecked. Mergers may lead to the shedding of jobs, especially where they are driven by cost saving and efficiency goals. Hence, it was recognised as being important that merger regulation consider the preservation of jobs where these arise as a result of the merger. In an economy with high unemployment rates, it would not serve the public interest to encourage or allow further job losses. Hence the inclusion of section 12 A 3 of the Competition Act which made it mandatory to consider public interest considerations in merger proceedings. This paper seeks to evaluate if competition authorities have carried out their mandate of addressing socio economic issue in merger processing through section 12 A (3).

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Aspenfelt, Zebastian. "Game art workflow: Open-source and comercial programs." Thesis, Högskolan i Gävle, Avdelningen för Industriell utveckling, IT och Samhällsbyggnad, 2012. http://urn.kb.se/resolve?urn=urn:nbn:se:hig:diva-12121.

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For years, game companies have been using different programs for the creation of the newest most inspiring games. A short presentation about different programs used for game art is provided with key aspects in developing art for games in character production. One aim is to showcase the potential of open-source programs. Two projects with two different characters were created for games testing the workflow between open-source, free application and also commercial programs. The results of the projects are discussed and then the document focuses on explaining what the negative side of open-source programs is and why they should not be used. After the discussion, a conclusion is made explaining the similarities and differences between open-source and commercial programs.

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Sette, Michael Leonard. "In Search of the Artist: The Influences of Commercial Interest on an Art School - A Narrative Analysis." Scholar Commons, 2014. https://scholarcommons.usf.edu/etd/5307.

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The current study will investigate how identities and roles of the artist converge with competing identities and roles fostered at the institutional level within an art college as revealed through the marketing literature that they produce to attract students and business partnerships. The sociological focus for this proposal is the tension between art as a creative expressive endeavor and art as a commodity that has entered into social transactions unintended by the original expression of the artist. The researcher documents and describes (via narrative analysis) how an art school negotiates competing relationships between the pressures to teach and promote art for the sake of aesthetic and personal value (autonomy) versus the pressure to teach and promote art for school subsidized market values. The data for the current study will come from the Ringling College of Art and Design website and brochures from the school that advertise the educational opportunities available to prospective students. The analyses will focus on the particular language, cultural codes, and stories that the school uses to describe the 1) identity and purpose of the institution, 2) types of students (ideal students) they are looking for to attend the school, 3) artistic opportunities open to students, 4) types of collaborations with organizations/businesses outside of the institution, and 5) goals, and production/consumption of art.

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Cassim, Maleka Femida. "The statutory derivative action under the Companies Act of 2008: guidelines for the exercise of the judicial discretion." Doctoral thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/12762.

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Includes bibliographical references
Section 165 of the Companies Act 71 of 2008 introduces the new statutory derivative action. The section confers a pivotal function on the courts as gatekeepers to the derivative action, with an important filtering or screening function to weed out applications for derivative actions that are frivolous, vexatious or without merit. The vital judicial discretion to grant leave to an applicant to bring a derivative action entails a tension between two equally important policy objectives. A proper balance between these two underpinning policy objectives depends on the appropriate judicial interpretation and application of the three vague, general and open-textured criteria or gateways for the grant of leave to institute a derivative action. The courts have been entrusted by s 165 to flesh out the details, the contours, the ambit and the scope of these criteria. This crucially gives the courts a dominant and a decisive role in shaping the effectiveness of the new statutory derivative action. This thesis makes an original contribution to knowledge in three main respects. First, this thesis focuses on the three guiding criteria for leave, and their many nuances, interpretations and applications in certain foreign jurisdictions that have exerted an influence on the provisions of s 165. Based on experience garnered from Australian, Canadian and New Zealand law, as well as the United Kingdom and the USA, guidelines are suggested for the approach that the South African courts should adopt to the three preconditions for a derivative action. Secondly, it is submitted that the real weakness in s 165 lies in the rebuttable presumption in s 165(7) and (8), which contains a fatal flaw that renders the remedy defective and calls for legislative amendment. Pending such amendment, proposals are suggested for the proper judicial approach in the meantime to the troublesome presumption. These proposals are supported by both reasoned argument and original research on experience in certain foreign jurisdictions, particularly the USA. Thirdly, and equally importantly, a framework is suggested in this thesis for the proper exercise of the judicial discretion to make orders of costs, which is known to have plagued minority shareholders wishing to bring derivative proceedings against miscreant directors who have wronged the company.

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Chola, Mwewa. "Reforming the Companies Act dispute resolution framework: a case for the establishment of a companies tribunal for Zambia." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15183.

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Companies play a very important role in the economy of any country. A country's economic growth and development depend largely on whether or not its regulatory environment is conducive for enterprises to thrive. In recognition of the important role companies and businesses generally play in an economy, several developing countries have, in recent years, been carrying out reforms intended to enhance the ease of doing business in their respective countries. Zambia has been no exception. Some of the issues that are widely accepted as having an influence on the ease of doing business include the cost and length of dispute resolution for businesses. Therefore, it is unsurprising that some reforms aimed at, among other things, expediting and lowering the cost of commercial dispute resolution have taken place in Zambia. For example, the commercial list of the High Court was established in 1999with a view to expediting the resolution of commercial disputes. However, the cost of commercial dispute resolution remains of concern. The dissertation explores the Zambian Companies Act dispute resolution framework in a bid to consider its standing vis-Ã -vis enhancing Zambia's competitiveness in so far as the ease of doing business is concerned. It posits that the Companies Act resolution framework does not help Zambia's quest to enhance the ease of doing business on the dispute resolution front because it is predominantly anchored on recourse to court. A comparative study of current trends in company law dispute resolution is undertaken, which reveals a shift from reliance on the courts as the predominant dispute resolution forum to tribunal based dispute resolution. The dissertation ultimately recommends the establishment of a Companies Tribunal for Zambia as a measure that would contribute to lowering the cost of commercial dispute resolution - at least in the context of the Companies Act - and enhancing the ease of doing business in Zambia.

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Miller, Jeff. "The driving experience as environmental art." Virtual Press, 2002. http://liblink.bsu.edu/uhtbin/catkey/1230609.

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The main goal of this project is to design the experience of motion along a mixed-use arterial roadway as a work of art. The research component of this project proposes to determine the influences on the experience of traveling along a road, the key components of environmental art, and how these can be combined to enhance the driving experience. This project will focus on the section of McGalliard Road from Morrison Road to Walnut Street, in Muncie, Indiana.McGalliard Road is one of Muncie's most heavily traveled roads. If one examines its length, the unorganized fashion in which the street has developed is readily apparent. Different and often conflicting uses are scattered up and down the road, in a spectrum ranging from rural/ agricultural to residential to commercial. The result is a confusing sequence of buildings and spaces with little or no focus. Thousands of people use roads similar to McGalliard in their everyday life. Generally the experience of driving these roads is mundane, involving countless parking lots, stores, and chain restaurants. By utilizing the principles of environmental art in the redesign of the experience of a mixed-use arterial roadway, the user's experiences can be greatly enhanced and the road can be infused with a new identity and meaning with which peoplecan identify and take pride.The user's experience of a mixed-use arterial roadway is the main issue I plan to examine in this project. When driving on a highway the sense of motion, space, and sequence is dominant. These sensations are most affected by objects passing overhead and near the roadside (Appleyard, 1966). The primary objects in the user's view are signs, telephone poles, and other vehicles, with nearly nothing overhead.Roads are an integral component of a city's fabric, one of its most intensely used public spaces, which provide linkages between different parts of a city (Moughtin, 1992). A successful road is one that captures the attention of its user. Without this, the user's attention can begin to wander and the experience becomes uninteresting. McGalliard Road has little to catch or hold the user's attention. The nearby surroundings consist mainly of signs, large parking lots, or buildings set far back from the street with nothing to focus the driver's attention. In redesigning the experience a user has while traveling along McGalliard Road, it is important to work with these elements in the near roadside environment, utilizing their attributes in the creation of an experiential work of art.Art has the potential to add another layer to the experience of the landscape, instilling it with new meaning. Works of environmental art are bound to their site and take a large part of their content from the relationship they have with the characteristics of their surrounding sites (Beardsley, 1998), thus drawing meaning directly from the surrounding landscape and culture. Ultimately the success of a city depends on the success of its roads. Art can enhance both the experience of a road, city, and the lives of its citizens. Integrating commercialism, art, and the driving experience, the designer can create a unique experience in which the user is an integral component in the design.
Department of Landscape Architecture

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Matsinhe, Sebastiao Filipe. "The production of local art for a global cultural market in contemporary Mozambique." Thesis, University of the Western Cape, 2012. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_4062_1363774738.

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This thesis examines the production of commercial art in contemporary Mozambique. It explores the power relationship between local artists &ndash
painters and sculptors &ndash
and their patrons and brokers in the art market. This means, on one hand, that it looks at the artworks that have been produced during the late colonial period (1962 &ndash
1974) and the post-colonial periods (June 1975 - 2010) and relates this to the changing political landscape in Mozambique. On the other hand, the aim is to explore the artists&rsquo
life histories,
especially how their talent was first recognized, their art training (formal or otherwise), previous work experience, and the reasons for their current success (or lack thereof). This is done in order to see how and to what extent their artistic works have been influenced by external forces or actors. The power relationship existing between the art producers and their customers in the art markets in Mozambique is then related to the issue of globalisation. In this process, the study critically analyses who the actual art patrons of Mozambique art are and the extent to which Mozambican art is influenced by global forces. The focus is on a number of artists and the thesis examines their life histories specific to their art production in order to highlight the themes and trends of their art works. It was found that local art produced in Mozambique is not simply responding to local influences but also to global forces, of which the latter dominates. However, the study further reveals that while the art producers are influenced externally by their buyers, they (the art
producers) have their own ways of manipulating their buyers in order to be able to sell their products. In other words, the artists have the power of mediating between local,
personal influence and that of the patrons.

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Jwaai, Abongile Asanda. "Recent court judgements on the meaning of "gross irregularity" in terms of Section 33 of the South African Arbitration Act." Thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/12897.

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This dissertation investigates the way courts have interpreted the limited grounds of review, in particular ‘gross irregularity’, evaluating the test for review, and assessing the extent to which they have been consistent in their approach to review.

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Zindoga, Washington Tawanda. "Piercing of the corporate veil in terms of Gore: Section 20(9) of the new Companies Act 17 of 2008." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/16923.

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The first part of this minor dissertation will examine the historical development of the common law doctrine of piercing the corporate veil, its status and the concerns raised against the rule. In light of the fact that veil piercing erodes the limited liability of a company, it is necessary to appreciate both the relevance and the significance of separate legal personality and the historical development of the doctrine that carves out exceptions to limited liability in this context. The concept of separate legal personality goes hand in hand with the doctrine of veil piercing. This part will further illustrate the various approaches that courts have taken in deciding whether or not to pierce the corporate veil. A criticism of the doctrine is that it comes with no clear guidelines directing courts to the appropriate circumstances for piercing the corporate veil. It will be argued that the courts have relied invariably on a number of discrete, unrelated categories of conduct upon which to base decisions to disregard the corporate personality of a company, but this approach in the end is unsatisfactory. The concept of corporate personality will be discussed in this part in order to achieve a better understanding of the concept itself and to shed some light on the legal nature of the corporate personality. Furthermore, this part will examine recent trends in foreign law in regard to the doctrine of piercing the corporate veil that may serve as guidelines to the interpretation and the application of the doctrine in South African law. Particularly, the English judicial approach to piercing the corporate veil will be discussed. This in turn will lead to a consideration of the question whether further development is necessary, and if so, which direction is best suited for South African company law. The second part of this dissertation will discuss the rules of interpretation, the basic approaches to statutory interpretation followed by our courts and which approach has enjoyed preference in recent judgments. These approaches will assist in the discussion on the interpretation of section 20 (9) of the Companies Act. Section 20(9) will be examined, and the concerns that writers have raised will be discussed. This part will further examine the judgment delivered in Gore with specific reference to the theories of statutory interpretation used, and the final interpretation applied by the court and what effect this has on the existing rules of piercing the corporate veil. It will be contended that courts must interpret and apply section 20(9) in a way that gives effect to the purport and spirit of the Constitution and results in clarity and simplicity in the statutory doctrine of piercing the corporate veil. The fourth and final part of this research will summarize the discussion, where the research will be considered and recommendations made as to how section 20 (9) should be best interpreted. Given the lack of a unified approach to the scope and conditions of application of the doctrine of veil piercing, which allegedly leads to confusion and frequent misuse, this study aims at clarifying the scope of the doctrine and conditions under which it can be applied. It will attempt to clear up some of the mist enveloping the concept of corporate veil piercing.

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Burgett, Bonnie L. (Bonnie Leigh), and John R. McDonald. "Democratizing commercial real estate investing : the impact of the JOBS Act and crowdfunding on the commercial real estate market." Thesis, Massachusetts Institute of Technology, 2013. http://hdl.handle.net/1721.1/84179.

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Thesis (S.M. in Real Estate Development)--Massachusetts Institute of Technology, Program in Real Estate Development in Conjunction with the Center for Real Estate, 2013.
This electronic version was submitted by the student author. The certified thesis is available in the Institute Archives and Special Collections.
Cataloged from student-submitted PDF version of thesis.
Includes bibliographical references (pages 145-152).
This thesis systematically evaluates how rapid developments in the nascent crowdfunding industry, combined with recent regulatory changes, will impact the commercial real estate markets. The phenomenon of crowdfunding, defined as raising numerous small amounts of capital from a large number of people, or the crowd, has been accelerated by the recent passage of the Jumpstart Our Businesses Start-up Act (JOBS Act). The JOBS Act legalizes and facilitates the sale of securities used to crowdfund equity and debt investments, giving rise to a proliferation of new crowdfund entrants in various business sectors, including the commercial real estate arena. This thesis first gives a detailed analysis of the JOBS Act legislation and how it alters the current regulatory and business landscape. The focus then turns to the commercial real estate markets, tracing the evolution of commercial real estate as an institutional asset class and the influence large, institutional investors such as pension funds and real estate investment trusts exert on this market. The authors also examine the impact on the average investor and conclude that these large institutional investors have bifurcated the market, leaving the average investor unable to gain exposure to "hard" commercial real estate assets. The authors then link the research to crowdfunding, first with a chapter on the emerging and dynamic crowdfund industry in general, and then on specific commercial real estate crowdfunding sites, also discussing sites related to this sector. The authors strengthen this primary research with field investigations, conducting interviews with real estate developers, investors, and securities lawyers specializing in regulatory law. They concurrently surveyed 138 well-vetted real estate professionals (the MIT Center for Real Estate alumni). The thesis then projects the size of the potential dollar value of the commercial real estate crowdfund market based on existing value and turnover in the commercial real estate markets. The final chapter imagines what this market will look like in 2015; concluding that crowdfunding will have a profound effect on the commercial real estate market.
by John R. McDonald and Bonnie L. Burgett.
S.M.in Real Estate Development

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31

Koné, Mamadou. "Le nouveau droit commercial de la zone OHADA : comparaisons avec le droit français /." Paris : LGDJ, 2003. http://catalogue.bnf.fr/ark:/12148/cb39105696h.

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McInnis, J. Arthur. "A commentary on the International Commercial Arbitration Act of British Columbia." Thesis, McGill University, 1987. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=63987.

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Eisele, Stefan. "Codification of the Business Judgment Rule in Section 76 (4) Companies Act 2008: comparing the South African with the German approach." Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/25021.

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The Business Judgement Rule stems from the US common law and relates to the directors duty of care and skill. Currently, the Business Judgment Rule is in operation in many countries all over the world. It is a judicial device used to limit the scope of personal liability for directors and officers. The rule consists of a rebuttable presumption that a director or officer, when making a business decision, has acted on an informed basis, in good faith and in the honest belief that the action taken was in the best interests of the company. It should thus form a safe harbour for rational and informed managerial actions. Courts applied the Business Judgment Rule in numerous courts decisions and established certain standards of a proper decision making process. From the experiences of the massive corruption scandals of ENRON and Worldcom and in the light of the experiences of the global financial crisis, there is a rising public interest in good corporate governance and diligent and reasonable management. Therefore, the rule has been codified in numerous countries all over the world. Among these countries are South Africa and Germany. In South Africa, the rule has been incorporated with the Companies Act, 71 of 2008. Germany has adopted the Business Judgment Rule specifically in the German Stock Corporation Act 1965 (Aktiengesetz). These codifications in modern company law are problematic and the scope of their respective application and the meaning of their prerequisites are somewhat unclear. Therefore, opinions about the rule, its application and its concrete effect diverge and the idea of a codified rule in modern corporation acts in contrast to the historical application by courts has been massively criticized. Despite all differences it is generally acknowledged that the rule and its application are intricate and a deep insight in its complex application is required to avoid a misunderstanding and a misapplication of the rule by the competent courts. The author intended to identify potential problems pertaining to the application of the rule and its prerequisites. By comparing the German and the South African approach, several similarities and differences were found. Based on these findings, five potential problems for the application of the rule in South Africa and its interpretation by the competent courts were presented in more detail. These problems relate to the scope of application in general, the blurred lines between the terms of rationality and reasonableness, the determination of the concrete judicial review, the avoidance of hindsight biases and the unjustified extension of judicial review by over interpreting the term proper purpose. Although it is hardly possible to present practical solutions for all these problems in a minor thesis, reviewing the rule, its prerequisites, and its rationale by considering additional experiences from other countries enhances the awareness of potential problems and risks. The primary guideline for the application of the rule has to be - in any case - the avoidance of the hindsight bias.

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Gitonga, Anthony. "Is the 'little man' finally protected? : an exploration of minority shareholder protection in South Africa under the Companies Act of 2008." Master's thesis, University of Cape Town, 2009. http://hdl.handle.net/11427/4621.

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Kent, Lauren Jane. "The Consumer Protection Act (CPA) and conflict of laws: does the CPA provide mandatory minimum protection in an international commercial transaction?" Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/12899.

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Berkowitz, Ellie Patricia. "Innovation through appropriation as an alternative to separatism : the use of commercial imagery by Chicano artists, 1960-1990 /." Thesis, Connect to online resource, 2006. http://www.lib.utexas.edu/etd/d/2006/berkowitze41540/berkowitze41540.pdf#page=3.

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37

Baldock, Geoffrey Clive. "Some legal aspects of an." University of Western Australia. Law School, 2003. http://theses.library.uwa.edu.au/adt-WU2005.0119.

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[Truncated abstract] “Open Skies” is the term given to a relatively recent (1992) policy initiative of the United States in its pursuit of the deregulation of international air transportation. It represents the latest in a long line of similar initiatives which the U.S. has been pursuing almost since the inception of the aviation industry. Essentially “Open Skies” is little more than a specific type of bilateral aviation agreement between two nations (and often between more than two nations) which typically provides for open entry on routes, unrestricted capacity and frequency on routes, and unrestricted air traffic rights. The significance of Open Skies agreements is that they appear to encapsulate general world-wide trends towards open economies characterised by a minimum of government interference and a maximum reliance on market forces to allocate scarce resources ... Australia however is not one of the nations seeking to become a party to such an agreement with the U.S. despite attempts by that nation to persuade Australia to do so and the question is: Can or should Australia resist attempts by the United States to bring it within the expanding umbrella of Open Skies, or are there other practical alternatives open to Australia? After examining the history of the development of Open Skies agreements and their international legal foundation, this thesis argues that there are strong considerations of policy and economics why Australia should embrace Open Skies initially at least on a regional basis centred in the Asia Pacific region, rather than with the United States. Implicit in that proposal is the fact that in terms of its constitutional and legal system, Australia has the legal capacity to enter into Open Skies agreements. The parties to such a regional Open Skies agreement might at a later date choose to enter into a multilateral Open Skies agreement with the United States, if economic and political conditions are suitable for them to do so. On the assumption that a form of Open Skies policy will eventually be adopted by Australia this thesis examines the constitutional and domestic legal regulatory framework for aviation within Australia, and the changes if any which would be required to it, if Australia was to embrace such a policy.

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Brandao, Clarissa P. "Trashures." Atlanta, Ga. : Georgia State University, 2009. http://digitalarchive.gsu.edu/art_design_theses/41/.

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Thesis (M.F.A.)--Georgia State University, 2009.
Title from title page (Digital Archive@GSU, viewed July 20, 2010) Stan Anderson, committee chair; Constance Thalken, Joseph Peragine, committee members. Includes bibliographical references (p. 55).

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Holmes, Gary R. Spears Nancy Elizabeth. "Symbolic visuals in advertising the role of relevance /." [Denton, Tex.] : University of North Texas, 2008. http://digital.library.unt.edu/permalink/meta-dc-9089.

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40

Wakefield, Yvonne. "The Classification, for purposes of the calculation of taxable income, of land and assets incidental to land, that are used as trading stock." Master's thesis, University of Cape Town, 2009. http://hdl.handle.net/11427/4574.

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In calculating the taxable income of a taxpayer, items of income and expenditure are classified as being either capital or revenue in nature, and are treated differently according to such classification. Over the years, a debate has emerged regarding the classification of items of income that are either part of the ground or accede to it, but which are treated by the taxpayer as trading stock. The debate extends to the classification of items of expenditure laid out in the production of income and for the purposes of trade, but which relate to land or things adhered to land. Items forming the subject matter of the discussion include sand, stone, coal, trees and other plants to be used not for the sale or use of their fruit, but for sale or use themselves

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41

Cochrane, David Alan, and david cochrane@au ey com. "Maintaining Environmental Values in a Commercial Environment - a Framework for Commercial Development in Victoria's National Parks." RMIT University. Graduate School of Business, 2007. http://adt.lib.rmit.edu.au/adt/public/adt-VIT20080220.163331.

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This research has focussed on the development of a commercial business model (CBM) for providing tourism and support service based commercial activities in Victoria's national parks which also allowed for the protection of the parks natural values. National parks are vital if we as a nation are to retain our natural heritage - but the public sector land stewards of these important assets are facing increasing funding and user pressures. The result is a growing focus on the commercialisation of our national parks to provide services and generate the revenue required to maintain these assets. However, this has resulted in the exacerbation of a long existing conflict - these commercial operators are primarily focus on the achievement of a commercial return, while the land stewards' main responsibility is in the protection of the natural values of these assets. In completing this project an abductive research approach (using grounded theory) has been adopted. Specifically, the research activities undertaken included data collection via a number of techniques including stakeholder interviews, detailed examination of existing commercial arrangements, literature research on international approaches and models, development of a suggested commercial business model based on a synthesise of the research outcomes and, finally, obtaining user feedback. The use of the various data sources, and subsequent sourcing of user feedback facilitated the triangulation of the research results. The findings from this research challenge a number of the practices currently adopted in the structuring of commercial activities suggesting that these practices are inhibiting the quality of the service being provided to the national park visitor along with the level of protection being afforded to the parks natural values. The resulting CBM provides park managers with a framework for identification and structuring of commercial business activities, practical guidance on the actions required in the completion of a concession process and identification of a number of the relevant issues which need to be considered and addressed in establishing and managing a national park concession. The CBM has been developed specifically for application within Victoria's national parks (based on a public/private sector relationship). The output will also provide guidance on methods for embedding natural values on public/private sector relationships in other settings.

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Graboy-Grobesco, Alexandre. "Droit de l'urbanisme commercial /." Paris : LGDJ, 1999. http://catalogue.bnf.fr/ark:/12148/cb36974738s.

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Paschel, Philippe. "La portée de la codification dans l'histoire du droit commercial français /." Paris : Université Panthéon Assas Paris II, 1993. http://catalogue.bnf.fr/ark:/12148/cb37155621c.

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44

Mupangavanhu, Brighton Murisa. "Standards of care, skill, diligence, and the business judgment rule in view of South Africa's Companies Act 71 of 2008: future implications for corporate governance." Doctoral thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/25428.

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Decision-making is the most critical role that company directors have to play in the life of a company that they are appointed to manage. South African law (in s66 of the Companies Act 71 of 2008, the Act) has now followed the global trend of recognising that directors have original authority/mandate to manage or direct company affairs or business. A director is accorded (by law) powers to exercise to enable him or her to fulfil the functions of that office. Decision-making, which is not an easy task, is critical to enterprise efficiency and advancement of the national economy. Directors have to make business decisions, at times under imperfect circumstances and while confronting tensions inherent in the corporate form. Not least of these tensions is the pressure to balance the profit maximisation drive from shareholders and accountability for how the directors exercise the powers at their disposal. Despite pressures involved in decision-making, the law requires that directors should exercise their powers in the best interests of the corporation. Thus the Act has attempted to put mechanisms in place to ensure that directors' freedom to manage corporations has to be necessarily constrained and balanced by the need for them to be accountable. The thesis focuses on the duty of care, skill and diligence on one hand (standard of conduct), and the business judgment rule (BJR- standard of review) on the other. These are two mechanisms put in place by the Act to ensure a balance between directors' freedom to manage and accountability. The thesis seeks to answer the key question whether the Act has made standards of care, skill and diligence clearer, more accessible and enforceable than before in light of the Act's adoption of BJR. The thesis analyses the duty of care, skill under s76(3)(c) and BJR under s76(4) in light of the context of law reform (that is the purposes of law reform) and international experiences. In this thesis, an appraisal of the positives brought about by the codification of the duty of care and the adoption of BJR into statute for the first time in SA is given. It is argued that while some purposes of law reform have been achieved, the Act has not achieved the purpose of clarity of standards. For example, the analysis reveals unfortunate omissions and worrying ambiguities in the formulation of standards of care, skill and diligence in s76(3)(c). While giving in-depth analysis of the scope and policy rationale of BJR under the Act, the thesis further notes that the characterisation of BJR in s76(4)(a) as a standard of conduct as opposed to standard of review is problematic. It has also been argued that the BJR is not properly aligned to international standards. Clear amendments to the Act have been suggested to improve clarity of standards and the law in s76(3)(c) and s76(4)(a).

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Weber, Eckhardt. "Transfer of undertakings - the protection of employment in South Africa from adopting European law to present problems of Section 197 of the Labour Relations Act." Master's thesis, University of Cape Town, 2012. http://hdl.handle.net/11427/4575.

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Stevens, Angela Gail. "Room or relegation? : a critical analysis of section 77(2)(a) of the Companies Act, 2008, in light of the common law remedy of disgorgement." Master's thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/20793.

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Corporate heresy 1 or legislative oversight: is there room for the common law remedy of disgorgement under section 77 (2)(a) of the Companies Act2 or has the remedy been relegated to the past? This controversial enquiry frames the groundwork for discussion upon which this dissertation is based. Section 77(2)(a) reads as follows: "(2) A director of a company may be held liable - (a) in accordance with the principles of the common law relating to breach of a fiduciary duty, for any loss, damages or costs sustained by the company as a consequence of any breach by the director of a duty contemplated in section 75, 76 (2) or 76 (3)(a) or (b). ,o This dissertation seeks to shed light on the apparent legislative omission of the common law remedy of disgorgement from the ambit of section 77(2)(a). The effects and consequences of such a significant omission has come under the microscope given South Africa's recently reformed corporate law jurisprudence. The impact of such an omission on the interpretation and application of directors' duties and liabilities will be specifically examined and analysed. The topic of this dissertation remains especially relevant to any discussion involving directors' duties and liabilities in the context of the new Companies Act ("the Act"). The Act has drastically reshaped the South African corporate law landscape and as such, each provision of the Act requires careful consideration in its interpretation and application. Implementation of the Act, in 2011, brought about partial codification of directors' duties and liabilities. Partial codification has resulted in mandatory, unalterable and prescriptive provisions relating to directors' duties and liabilities which are applicable to all companies registered in the Republic.• Since its inception, critics have intimated that certain provisions of the Act hinder, as opposed to facilitate, the objective of clarifying directors' duties and liabilities.5 Fear of statutory liability gives further credence to the importance of clear, concise and uniform interpretation and application of the statutory duties. The statutory duties and liabilities do not replace their common law equivalents. Interpretation, application and development of the statutory duties and liabilities must align with those embedded in the common law.6 Alignment becomes increasingly difficult, however, when inconsistencies and contradictions between these two primary sources of law run rampant. The provisions of section 77(2)(a), conceivably, showcase such a misalignment between the common law and the Act.

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O'Shea, Paddy. "From interior to brand : the British Overseas Airways Corporation, 1939-1974 : a case study of post-Second World War British commercial design." Thesis, Kingston University, 2015. http://eprints.kingston.ac.uk/37254/.

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The central aim of this PhD thesis, From interior to brand : the British Overseas Airways Corporation, 1939-1974. A case study of post-second world war British commercial design, is to investigate the evolution of branding and identity in the context of British commercial design in the post-second world war period. However, rather than document the various changes and moments in this history of design in a general overview, as existing texts have successfully managed, the study uses the aircraft interior of the former national airline of Britain, the British Overseas Airways Corporation's (BOAC), as a focused lens through which to analyse this period's unique form of design in more depth. Two key interconnected questions shape this investigation: how can the evolution of BOAC's interiors be used to understand design's role in building a British brand in post-war Britain? An can this evolution shed light on the influence of America on British design during this period? These themes act as continual threads throughout the thesis's 10 chapters and helped to shape a new narrative within the history of British commercial design. While the BOAC aircraft interior is an important starting point, this research viewed it in the broader context of the design strategy of the Corporation. As this thesis will demonstrate, the interior played a central role in the expression of the airline, and in turn British identity, the focus being on how the design physically represented the brand and identity of BOAC. However, as the research moves through the airline's 35-year history, the interior plays a more strategic role in the company's brand image development, becoming an integral part of a unified brand strategy. In understanding the interior within this new narrative, it is the intention of this thesis to present a better understanding of the commercial design in Britain after the end of the second world war. It is the proposal of this thesis that, while several major themes have been covered in British design history, the theme of commercial design appears to have been overlooked, and it certainly seems undervalued in design history that allows this analysis. Rather, it is the processes and influences behind the designs that allow for a true understanding of commercial design and, therefore, a unique and original contribution to knowledge.

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Yu, Jie. "Novel swing arm mechanism design for trailing edge flaps on commercial airliner." Thesis, Cranfield University, 2008. http://dspace.lib.cranfield.ac.uk/handle/1826/9586.

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This thesis will describe the works had been done by the author in the Flying Crane aircraft group design project and the new design of a novel swing arm mechanism which can be applied in the trailing edge high lift devices for this aircraft concept. Flying Crane aircraft is a new generation commercial airliner concept as the result of group design project conducted by China Aviation Industry Corporation I (AVIC I) and Cranfield University. At the end of the group design project, parameters such as take-off and landing distance, trailing edge flap type and deflection in take-off and landing configuration of the Flying Crane concept have been determined. These parameters are design input of the novel trailing edge high lift device mechanism for this aircraft concept. The idea of this innovative mechanism comes from the research achievement of a previous MSc student, Thomas Baxter, which applied swing arm mechanism into a passenger aircraft's leading edge slat. This thesis applied this idea to trailing edge flap and modeled the mechanism on CATIA software to yield a kinematic simulation for the purpose of check motion trail and force transfer in this mechanism. Relevant works such as actuation, mass and stress analysis are also involved. As the result of this research project, it was found that swing arm mechanism trends to require relatively small fairings for supports and attachments due to its high stowed space utilizing efficiency. Initial mass estimation carried out in this thesis also indicates that the new design takes advantage in terms of weight comparing with traditional trailing edge flap mechanisms. Thus. swing arm mechanism is supposed to show great competitive potential for commercial airliner's trailing edge flaps after further analysis has been done in the detail design phase.

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May, Murray. "Unpacking aviation futures : an ecological perspective on consumption, sustainability and air transport /." View thesis, 2004. http://library.uws.edu.au/adt-NUWS/public/adt-NUWS20050218.120843/index.html.

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Yeats, Jacqueline. "The effective and proper exercise of appraisal rights under the South African Companies Act, 2008 : developing a strategic approach through a study of comparable foreign law." Doctoral thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/20301.

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This thesis seeks to identify how the appraisal rights remedy, which was introduced into South African company law for the first time by section 164 of the Companies Act 71 of 2008 ('the South African Act'), should be interpreted and applied in order to facilitate its effective and proper exercise. When the draft version of the South African Act was initially published for public comment, critics raised concerns that the inclusion of the appraisal remedy was undesirable and unnecessary. These concerns were largely motivated by the fact that at the time appraisal rights were a novel concept and thus a completely unknown quantity in South African law. As a result there was much uncertainty in the legal and commercial sector as to how these rights would be interpreted, how they would function and how frequently they would be used. However, since the commencement date of the South African Act (being 1 May 2011) to date no appraisal rights matter has come before our courts and it could therefore be argued that the initial concerns of the critics regarding the impact that the inclusion of appraisal rights would have on South African company law were unfounded. This 'lack of use' phenomenon is in line with the general trend experienced in foreign jurisdictions where the appraisal remedy has been on the statute books for decades, such as the United States of America ('USA' or 'US'), Canada and New Zealand. Due to the fact that appraisal rights are notoriously underutilised they have often been dismissed as an ineffective remedy for minority shareholders. Clearly it could not have been the intention of the drafters of the South African Act to include an ineffective or useless remedy. My research indicates that the lack of use of the appraisal remedy in comparable jurisdictions is due to a number of factors but can be broadly attributed to the complexity, uncertainty and expense associated with the exercise of appraisal rights. The thesis therefore seeks to identify the various causes of the lack of effectiveness apparent in the USA, Canada and New Zealand, to examine the relevance of these in the South African context and to consider possible ways of addressing these challenges. The ultimate objective of the thesis is to devise measures which may be taken so that the appraisal remedy can function more effectively, or at least as effectively as possible, in South Africa.

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Dissertations / Theses on the topic 'Commercical art'

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