Comparison of post-employment restraints in South Africa, England and Germany

[摘要] ENGLISH ABSTRACT:This dissertation deals with restraints in post-employment cases in England, South Africa andGermany. The attempt was made to compare the restraint of trade doctrine that was developedin England and is still used in the common law countries, on one the hand, and the Germanrestraint of trade rules on the other.Therefore the development of the restraint of trade doctrine in England is described, as well asthe modifications of the restraint of trade doctrine in South Africa. Also it is given an overviewof the German restraint of trade rules.As far as the English and South African law is concerned, the historical developments andapplicable principles of the restraint of trade doctrine are emphasised, whereas the main aim inthe 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 isemphasised that in the common law countries the reasonableness and public interest plays animportant role, whereas in German restraint of trade law, on the other hand, the payment ofcompensation is an important matter.

[发布机构] Stellenbosch University