September 6, 2017

Antenuptial contracts: With or without the accrual system?

Antenuptial contracts: With or without the accrual system? If you don’t have an ANC, you are automatically married in community of property. This means that there is one estate between a husband and a wife. Everything is shared equally between spouses, which includes debts. However, with an antenuptial contract, the estates of each spouse remain […]
May 10, 2017

Antenuptial contracts: Can I get one after marriage?

Antenuptial contracts: Can I get one after marriage? Couples who are interested in an antenuptial contract often make the decision to get one before they are married. That is the ideal scenario. However, some couples may have already gotten married in community of property, and later decide to change to another form of marriage contract. […]
October 20, 2016

Are restraint of trade agreements always valid and enforceable?

Are restraint of trade agreements always valid and enforceable? Historically restraint of trade agreements were void and unenforceable unless the employer could prove that it was a reasonable agreement entered into between the parties. Fortunately for employers the position in the law has changed. What are restraint of trade agreements? An agreement that seeks to […]
July 26, 2016

Common law marriage in South Africa

Common law marriage in South Africa In South African law there is no such thing as a common law marriage. People simply believe that living together with another person for a continuous period of time establishes legal rights and duties between them. This is a common misunderstanding especially with young adults.The only way to be […]
May 13, 2016

Validity of Antenuptial Contracts

Validity of Antenuptial Contracts One must be careful when drafting and signing an Antenuptial Contract. Aside from ensuring that the contents is all correct, one must also ensure that all the necessary provisions are contained therein to make the contract valid. The consequences of neglecting to do so may result in a marriage in community […]
March 16, 2016

How to change your marital status to another form of marriage contract

How to change your marital status to another form of marriage contract Section 21(1) of the Matrimonial Property Act No 88 of 1984 provides that a husband and wife may apply jointly to court for leave to change the matrimonial property system which applies to their marriage.     Requirements The decision in Lourens et […]
March 16, 2016

When is a tenant an illegal occupant?

When is a tenant an illegal occupant? Where the Contract of Lease is breached in any way by the tenant and he or she after receiving notice thereof has not remedied such a breach within the period agreed upon, then the landlord may cancel the contract. The tenant will be found to be an illegal […]
February 18, 2016

Do’s and Don’ts of suretyship

Do’s and Don’ts of suretyship On 29 May 2015, in the case of Dormell Properties 282 CC v Bamberger[1], the Supreme Court of Appeal (SCA) set out the importance of, firstly, expressly pleading a suretyship clause in a plaintiff’s particulars of claim and, secondly, ensuring that the contract to which a deed of suretyship is […]
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 […]
August 7, 2015

What does a suspensive condition in a contract really mean?

What does a suspensive condition in a contract really mean? Most people that have bought a property may have noticed a clause dealing with suspensive conditions in the contract of sale. Usually these conditions relate to deposits that need to be paid, financing that has to be procured and/or another property that needs to be […]

Stay Home. Stay Safe. Stay Informed: www.sacoronavirus.co.za

X