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February 18, 2016
Published by VDHadmin at February 18, 2016
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Differences between Liquidation and Sequestration Process

Differences between Liquidation and Sequestration Process The application for liquidation and sequestration processes are often confused. Many people think that the processes are the same. However, there is a big difference between these two processes. A simple way to describe liquidation is that liquidation is the winding up of a firm by selling off its […]
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February 18, 2016
Published by VDHadmin at February 18, 2016
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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 […]
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February 18, 2016
Published by VDHadmin at February 18, 2016
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Bail or not

Bail or not People are often outraged when they hear of accused persons who have been released on bail. In this article the factors to be considered when deciding whether someone should be let out on bail or not will be discussed. This will allow us to better understand why someone has been released on […]
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January 27, 2016
Published by VDHadmin at January 27, 2016
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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 […]
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January 27, 2016
Published by VDHadmin at January 27, 2016
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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 […]
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January 27, 2016
Published by VDHadmin at January 27, 2016
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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 […]
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January 27, 2016
Published by VDHadmin at January 27, 2016
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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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December 10, 2015
Published by VDHadmin at December 10, 2015
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Inter-Vivos Trusts and Testamentary Trusts

Inter-Vivos Trusts and Testamentary Trusts Much ignorance exists regarding the use of trusts during bequests. This article will endeavour to shed some light on this important issue. An Inter-Vivos Trust is also known as a living or family trust as it is set up during your lifetime. A trust is the ideal long term structure […]
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December 10, 2015
Published by VDHadmin at December 10, 2015
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What is the cost of my estate duty?

What is the cost of my estate duty? In terms of the stipulations of Article 4 of the Act on Estate Duty No 45 of 1955 certain deductions (known as rebates) from the net value of an estate are allowed in order to determine the final value of the estate which will be subject to […]
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December 10, 2015
Published by VDHadmin at December 10, 2015
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Entertainment at your local restaurant or nursery: Who bears liability for your child’s injury?

Entertainment at your local restaurant or nursery: Who bears liability for your child’s injury? We often hear of accidents in which a child or toddler is injured. Has this become something which society accepts as the norm … that accidents do happen? Who bears liability in this case and who is responsible for safety in […]
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