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May 13, 2016
Published by VDHadmin at May 13, 2016
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Jurisdiction of Courts in matters involving companies

Jurisdiction of Courts in matters involving companies Traditionally, and under the previous Companies Act, a company could have a principal place of business and a registered office. A company could, for instance, conduct its business at one office and also have a registered office with its auditors. In terms of the 1973 Companies Act any […]
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April 12, 2016
Published by VDHadmin at April 12, 2016
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Can I still make a case of unfair labour practice if i have settled?

Can I still make a case of unfair labour practice if i have settled? In this article we will discuss whether, in the face of an agreement between an employer and an employee in terms of which an employee accepts a demotion to a lower position, the employee is nevertheless entitled to refer an unfair […]
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April 12, 2016
Published by VDHadmin at April 12, 2016
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The application of the talem qualem rule

The application of the talem qualem rule In situations where a wrongdoer causes some form of damage to a victim, the victim might suffer more damage than one might usually expect. This might be caused by the specific circumstances in which the victim finds himself/herself, which leads to the victim suffering more damage than the […]
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April 12, 2016
Published by VDHadmin at April 12, 2016
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Standard acknowledgements of debt and the National Credit Act (NCA)

Standard acknowledgements of debt and the National Credit Act (NCA) The new NCA does not only regulate instalment sale agreements and lease agreements in respect of movables as was done by its predecessor, the repealed Credit Agreements Act 75 of 1980. The NCA also applies to a much wider variety of credit agreements and has […]
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April 12, 2016
Published by VDHadmin at April 12, 2016
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The Credit agreement

The Credit agreement If you default on a credit agreement and action is taken against you by the credit provider, you still have time, according to Section 129(3)(b) read with 129(3)(a) and S129(4) of the National Credit Act (“NCA”)[1] as well as the case of Firstrand Bank Limited v Nomsa Nkata[2] to re-instate the credit […]
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March 16, 2016
Published by VDHadmin at March 16, 2016
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Fixtures and fittings

Fixtures and fittings Many transfer attorneys have heard the question from a seller: “May I remove the stove or the curtain rails or the shelves or the… ?” The most common dispute that arises between a seller and a purchaser is a dispute as to what is regarded as fixtures and fittings. The simple answer […]
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March 16, 2016
Published by VDHadmin at March 16, 2016
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Suspensive conditions in a deed of sale: know your obligations

Suspensive conditions in a deed of sale: know your obligations Imagine signing a deed of sale for your dream house and later discovering that the contract lapsed because you obtained bond approval one day too late. The situation could be worsened if the Seller receives a better offer for the house and accepts that better […]
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March 16, 2016
Published by VDHadmin at March 16, 2016
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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 […]
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March 16, 2016
Published by VDHadmin at March 16, 2016
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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 […]
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February 18, 2016
Published by VDHadmin at February 18, 2016
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So when am I authorised to act as trustee?

So when am I authorised to act as trustee? The Trust Property Control Act 57 of 1988 defines a trustee as meaning “any person (including the founder of the trust) who acts as a trustee by virtue of an authorisation under Section 6.” In the matter of Lupacchini vs Minister of Safety and Security (16/2010) […]
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