January 27, 2016

When does a claim prescribe?

When does a claim prescribe? The issue of the legal nature of a vindicatory claim and whether it gives rise to a debt that is subject to the three year extinctive prescription period has been decided differently by different divisions of the High Court. On 28 May 2015 the Supreme Court of Appeal came to […]
January 27, 2016

What is the role of the Family Advocate?

What is the role of the Family Advocate? The Family Advocate has many duties but in the context of Divorce Law, they are mostly consulted for making sure that all Parenting Plans and divorce Consent Papers are in the best interest of any minor children involved. The public can, however, also have access to the […]
January 27, 2016

Co-ownership of land

Co-ownership of land The word “co-ownership” in relation to land means that two or more persons own land simultaneously in undivided shares. A share in land does not represent, and may not be held to represent a defined portion of land. A co-owner who holds a share in land does not hold title to a […]
January 27, 2016

Constructive dismissal: A last resort?

Constructive dismissal: A last resort? Dear Mr Lawyer, my employer is making working conditions unfavourable and I am unhappy with her management style. This cannot carry on and I want to resign. Can I claim constructive dismissal because she is the reason I want to resign? Constructive dismissal has become a convenient escape for disgruntled […]

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