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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
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
Same-Sex Marriages, Civil Unions, and Domicile Law in South Africa
Introduction Understanding the legal implications of marriage, particularly when it involves parties from different countries, can be complex. In South Africa, the law that governs
Building Plan Disclosure in South African Property Sales: Legal Obligations and Implications
Introduction: When engaging in property transactions in South Africa, the spotlight typically falls on essential contract terms such as party capacity, property description, and purchase
A Landlord’s Tacit Hypothec in Business Rescue: The Case of Ergomode and Sakhile
Introduction to the Legal Principles A landlord’s tacit hypothec is a common law form of real security that allows landlords to claim movable property of
Supreme Court of Appeal Rules on Binding Nature of Expert Report in Oil Metering Dispute
A discussion of Krohne (Pty) Ltd v Strategic Fuel Fund Association (476/2023) [2024] ZASCA 99 (14 June 2024) Introduction This article discusses a legal dispute