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
September 18, 2024
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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.
September 18, 2024
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
September 7, 2024
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
September 3, 2024
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
August 27, 2024
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
August 14, 2024
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
August 12, 2024
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
July 22, 2024
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
July 19, 2024
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
July 19, 2024
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