Comparison of post-employment restraints in South Africa, England and Germany
Date
2003-12
Authors
Guhl, Christian Andreas
Journal Title
Journal ISSN
Volume Title
Publisher
Stellenbosch : Stellenbosch University
Abstract
ENGLISH ABSTRACT: This dissertation deals with restraints in post-employment cases in England, South Africa and
Germany. The attempt was made to compare the restraint of trade doctrine that was developed
in England and is still used in the common law countries, on one the hand, and the German
restraint of trade rules on the other.
Therefore the development of the restraint of trade doctrine in England is described, as well as
the modifications of the restraint of trade doctrine in South Africa. Also it is given an overview
of the German restraint of trade rules.
As far as the English and South African law is concerned, the historical developments and
applicable principles of the restraint of trade doctrine are emphasised, whereas the main aim in
the German part is to give an overview about the codified restraint of trade rules.
While comparing the common law doctrine and the German restraint of trade law it is
emphasised that in the common law countries the reasonableness and public interest plays an
important role, whereas in German restraint of trade law, on the other hand, the payment of
compensation is an important matter.
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Description
Thesis (LLM)--University of Stellenbosch, 2003.
Keywords
Restraint of trade -- England, Restraint of trade -- Germany, Restraint of trade -- South Africa, Comparative law, Dissertations -- Law