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Understanding Life Rights for the Elderly Under the Housing Development Schemes for Retired Persons Act 65 of 1988
Introduction to the Housing Development Schemes for Retired Persons Act The Housing Development Schemes for Retired Persons Act 65 of 1988 (HDSRP) is a significant
Understanding the Rights and Obligations of Creditors and Debtors in South Africa
Introduction In South Africa, the National Credit Act (NCA) serves as a guiding framework for creditors and debtors. It regulates how credit information is accessed,
Understanding Failed Legacies and Estate Distribution in South African Succession Law
Introduction This article explains the different types of legacies, what happens to the leftover assets in an estate, and the legal outcomes when legacies fail.
The Role and Impact of Parenting Plans in South African Law
Introduction Parenting plans are a key tool in South African family law, designed to protect children’s well-being when their parents separate. These plans are based
Co-habitation and the Law of Succession: A Look at Same-Sex and Opposite-Sex Relationships in South Africa
Introduction: The Evolution of Inheritance Rights for Cohabiting Partners In South Africa, the legal rights of life partners—both same-sex and opposite-sex—to inherit from a deceased
Summary of Munetsi v Madhuyu and Another: A POPIA Case on Personal Information Disclosure
This article discusses the judgment in the case of Munetsi v Madhuyu and Another handed down by the Western Cape High Court in August 2024.
Understanding Antenuptial Agreements and Asset Exclusion in Marriage
Introduction When two individuals decide to get married, one of the key financial decisions they face is whether to enter into a marriage with an
SCA Judgment on Arbitration Clause in Divorce Settlement: VJ v VJ and Another
Introduction The Supreme Court of Appeal (SCA) recently delivered a significant judgment in the case of VJ v VJ and Another (258/2023) [2024] ZASCA 92.
Understanding Rouwkoop vs. Penalty Clauses: Legal Differences and Implications in South African Law
Introduction In contract law, “rouwkoop” and “penalty clauses” serve different purposes, and it’s important to understand their distinct functions to avoid legal pitfalls. This summary
South African Courts and the Enforcement of Foreign Judgments: Key Lessons from Lindsey v Conteh
Introduction In the realm of international commerce and litigation, the enforcement of foreign judgments plays a crucial role in ensuring that legal decisions made abroad
Uninsured? Know Your Rights Under Third-Party Insurance Law
A client asked: “I would like to request your assistance regarding how third-party insurance works. My neighbour’s car reversed into my parked car in the
Landmark ConCourt Judgment Reinforces Employee Rights in Transfer Case
Introduction The case of Africa Online Operations (Mauritius) Limited v Scanlon and Others has emerged as a landmark decision by the Constitutional Court of South