2002 Brazilian Civil Code: New Principles for the Contract Law

El Código Civil brasilero de 2002 constituye la más reciente codificación de derecho privado en Latinoamérica, siendo su sentido social su característica principal y distintiva, en contraposición al sentido individualista que informaba el Código de 1916. Ello ha dado lugar a que en materia de contratos y obligaciones prevalezcan los denominados principios sociales: la función social del contrato, la buena fe objetiva y el equilibrio contractual. El presente trabajo tiene el propósito de analizar tales principios, para luego exponer como ellos se reflejan en los principales casos de revisión judicial del contrato.The 2002 Brazilian Civil Code constitutes the most growing encoding of private law in Latin America, being the social nature its principal and distinctive characteristic, in contrast with the individual sense reported in the Code of 1916. This has resulted in the fact that, concerning contracts and obligations, the so called social principles prevail: social function of the contract, objective good faith, and contractual balance. This article is intended to analyze such principals and then expose the way they are reflected on the main cases of judicial revision of the contract

Accuracy of ultrasound beyond 14 weeks to determine chorionicity of twin pregnancies

Determining the chorionicity of twin pregnancies is extremely important as this influences the frequency of surveillance, timing of delivery and management of complications. Monochorionic twins have 2.5 times the perinatal mortality of dichorionic twins, and in the case of a single intra-uterine fetal demise, the surviving twin of a monochorionic pair is at significant risk of neurological damage compared to a dichorionic pregnancy. Chorionicity can be accurately determined before 14 weeks gestation using the lambda or T-sign. After 14 weeks, these ultrasonographic signs become less reliable and the pregnancy may be assumed to be monochorionic for management purposes. The implication of this assumption is that on occasion premature dichorionic fetuses may be delivered unnecessarily. In South Africa, many women have their first antenatal visit after the first trimester or are not scanned by an experienced sonographer until after 14 weeks. There is thus a need for an accurate means to determine chorionicity in the second and third trimesters

The role of environmental knowledge and information in young female consumers’ selection and evaluation of environmentally friendly apparel

Textiles and clothing represent the world’s second largest industry, which also makes this industry one of the most polluting industries in the world, and therefore this industry should reconsider its practices in respect of the environmental impact it has. The entire life cycle of an apparel item has an impact on the environment, from the product design stage to the disposal of an apparel product. Environmentally friendly apparel products refer to apparel products which have been created with consideration of the environmental impact of the production process. The consumer’s apparel decision-making process consists of five stages, namely: awareness, interest, evaluation of alternatives, decision and post-buying response. Buyer behaviour is inherently determined by a consumer’s knowledge or extra information that a consumer obtains. The acquisition of environmentally friendly apparel is therefore influenced by environmental knowledge. It is consequently crucial to provide consumers with relevant information regarding the environmental impact of their apparel consumption choices in order to facilitate consumers in making more environmental friendly apparel decisions. Very limited research exists on consumers’ environmentally friendly apparel purchasing practices, especially in the South African context. Insufficient literature also exists regarding the role of environmental knowledge and information source exposure in the acquisition of environmentally friendly apparel. The purpose of the research was to explore and describe how environmental knowledge and exposure to information about environmental issues are reflected in consumers’ choice of apparel products. A qualitative approach was used to explore young female consumers’ existing levels of environmental knowledge, and whether that environmental knowledge is reflected in the evaluation and selection of apparel as well as the role environmental information plays on their purchase decision. Non-probability purposive sampling was used to ensure the inclusion of young female students (19–22 years old, n = 29). Participants first had to write an essay on the subject of pertinent environmental issues and then participated in a focus group discussion on the evaluation and selection of a t-shirt. Results suggest that the participants have general environmental knowledge. They have the ability to identify environmental problems as well as the causes and consequences of these environmental problems. However, participants’ environmental awareness and their knowledge pertaining to the actual production and supply of environment-friendly apparel in the South African context were very limited. The results also highlight the product attributes important to the participants when evaluating and selecting apparel such as price, aesthetics and functionality of the garment, but environmental attributes such as organic cotton, locally produced, reduced waste techniques and not using harmful chemicals did not feature high under the attributes participants considered. They prioritized price, aesthetics and fit above other attributes (including environmental attributes). Environmental knowledge was not consciously considered in their general apparel decision-making, even though participants indicated that they do care about the environment. It also seems that information source exposure relating to the environmental impact of clothing had no effect on their purchase decision process. When probed, certain barriers emerged that prevented the participants from using environmental knowledge or the information source exposure in their decision-making. These barriers are: the relevance of non-environmentally related product attributes, the availability of environmentally friendly apparel, a lack of relevant knowledge, and perceived consumer effectiveness. While the study had certain limitations, the findings should be valuable to manufacturers, retailers and marketers of environmentally friendly apparel and further research is needed, especially in the South African context, relating to environmentally friendly apparel and consumer behaviour. CopyrightDissertation (MConsumer Science)--University of Pretoria, 2012.Consumer Scienceunrestricte

In search of the grain : Israel, the Palestinians, South Africa and Germany

CITATION: Momberg, M. 2019. In search of the grain : Israel, the Palestinians, South Africa and Germany. Stellenbosch Theological Journal, 5(3):145-164, doi:10.17570/stj.2019.v5n3.a07.The original publication is available at https://ojs.reformedjournals.co.za/stjIn this article I investigate the scientific grounds for reflecting on Palestine-Israel in light of other struggles, particularly those against Nazism and South African apartheid. Keeping in mind the distinction between simplistic comparisons and the use of analogies when events are not exact replications of one another, I evaluate John de Gruchy’s intersectional approach to Israel and the Palestinians. Likewise, I reflect on the cross-contextual reasons for Jewish Israeli and South African activists’ impression of the Palestinian struggle being part of a broad moral struggle against othering that transcends the boundaries of the geo-political context. The article concludes that critical scientific discussions and responsible moral discernment on Israel’s relation with the Palestinians cannot ignore the meta-narratives of systemic injustices such as state-sanctioned violence, apartheid, colonialism or ethnic cleansing that gave rise to resistance movements and prophetic theology in the contexts of Nazism and South African apartheid.https://ojs.reformedjournals.co.za/stj/article/view/1985Publisher's versio

The relationship between personality traits and vocational interests in a South African context

The purpose of this study is to determine if there is a relationship between personality traits and vocational interests in the South African context. A sample of 770 subjects completed the Sixteen Personality Factor Questionnaire (16PF) and the Interest Questionnaire (INQ). The Pearson’s r indicates a number of low and moderate correlations between the factors on the 16PF and interest fields of the INQ. Partial correlations conducted shows that gender and race may influence these relationships, however these were slight changes. It is evident that a relationship exists between personality and vocational interest but seems to be weaker in the South African context than those found in studies conducted in Europe and the United States of America.Dissertation (MCom (Human Resources Management))--University of Pretoria, 2006.Human Resource Managementunrestricte

Self-esteem of coloured and white scholars and students in South Africa

A measure of the self-esteem of 426 subjects was obtained by means of the Coopersmith Self-Esteem Inventory. The sample comprised two Afrikaans, two Coloured and two English groups. Each of the above three groups was made up of pupils and students, (i. e. there were six separate sample groups). The major purpose of this study was to ascertain whether or not the Coloureds could be said to differ meaningfully from their White counterparts with regard to their general level of self-esteem. A secondary objective was to investigate the possibility of the Afrikaans and English groups differing in self-esteem. No significant differences were found to exist between any of the three student sample groups. The ranking of the mean self-esteem scores of these groups was: Afrikaans (highest), Coloured, English (lowest). The only groups that differed significantly from one another at the pupil level were the Afrikaans and the Coloureds. Their ranking was: Afrikaans (highest), English, Coloured (lowest). The prediction arising from the hypothesis of this study was that the Coloureds do not necessarily differ from Whites in their general level of self-esteem. This view is held because factors similar to those which are believed to have facilitated the rise in the self-esteem of the American Negroes are now operating in South Africa. It was concluded that this prediction was upheld

The Palestinian struggle, South Africans and Jewish Israelis: Crosslines between solidarity, faith, spirituality and agnosticism

CITATION: Momberg, M. 2020. The Palestinian struggle, South Africans and Jewish Israelis: Crosslines between solidarity, faith, spirituality and agnosticism. Stellenbosch Theological Journal, 6(4):365-383, doi:10.17570/stj.2020.v6n4.a15.The original publication is available at: http://www.scielo.org.zaWhat role does religion play (or not play) in transnational activism in the context of prolonged violence? The narrow strip of land known as Palestine and Israel has special significance to three of the world's largest faith traditions - Islam, Christianity, and Judaism. The motivations of 21 South African and Jewish Israeli activists in support of the Palestinian struggle offer an inductive, contextual perspective on the interplay between differences in religiosity and shared aims and values in this context. These respondents to a case study in empirical ethics hold tensions of difference and yet navigate between religious and other existential orientations in their praxis of solidarity with the marginalised. The article discusses how and why the activists, despite their different convictions, share similar views of the positive and negative roles played by religion in the Palestinian struggle.Publisher's versio

The prevalence and consequences of workplace bullying in South Africa

A study is made of the ever-growing worldwide social pandemic of workplace bullying. We define workplace bullying in terms of its characteristics and distinguish it from unfair discrimination in the form of harassment. A survey is presented of its occurrence worldwide and how it manifests as an organisational conflict, both as hierarchical and horizontal abuse. This is analysed in terms of a social science perspective. We consider grievance reporting as an indication of trends in workplace bullying and discuss the limitations of such reporting. We review the consequent effects of such limitations on the health of workers and workplace efficiency and note the shortcomings of existing labour law in dealing with this inadequacy. Our findings are summarised, with recommendations for resolving this conflict situation

CLÁUSULAS ABUSIVAS EN LA CONTRATACIÓN AGRÍCOLA. ALTERNATIVAS DE CONTROL EN EL DERECHO CHILENO

El trabajo analiza la problemática de las cláusulas abusivas presentes en la contratación agrícola, en particular, aquellas que son impuestas al productor agrícola por sus compradores. Luego de examinar los factores que influyen en la posición de desventaja que afecta, generalmente, al productor agrícola en la cadena agroalimentaria, se exponen las inicitivas que a nivel europeo han tratado el problema, para posteriormente analizar si el derecho positivo chileno ofrece alternativas para el control de estas cláusulas