Articles
NEWS ITEM
Recourse When Receiving Poor or Inadequate Professional Advice
Professionals play a critical role in establishing and building a sustainable business. Entrepreneurs often rely on their input, which drives critical decisions. However, there may be instances where their advice or actions result in financial loss. In these cases,...
Transforming Dispute Resolution: The Growing Power and Promise of Mediation
Introduction Mediation has increasingly gained recognition as a significant alternative dispute resolution (ADR) mechanism globally, and its relevance within legal systems continues to grow. The advantages of mediation, including its cost-effectiveness and ability to...
Understanding the Impact of Whole Agreement Clauses and the Parol Evidence Rule in Contractual Disputes
Introduction In commercial agreements, it is common for contracts to include a "whole agreement" clause, intended to capture the entire understanding between the parties. Such clauses, together with the parol evidence rule, play a significant role in limiting...
Husband Taking Their Wife’s Surname – Under The Spotlight.
According to the media, two couples challenged this section in the Bloemfontein High Court. Two of the litigants were married in July 2021 at the Home Affairs offices in Bloemfontein. After their marriage was solemnised, and in the process of its registration, the...
Rei Vindicatio in South African Law
The principle rei vindicatio in South African law is a significant legal remedy that enables property owners to reclaim possession of their property from anyone who unlawfully possesses it. Rooted in Roman-Dutch law, rei vindicatio remains a fundamental aspect of...
Legal Analysis: The Role And Impact Of Parenting Plans Under South African Law
Introduction The advent of parenting plans within South African family law marks a significant evolution in addressing the complexities that arise from the breakdown of parental relationships. This statutory innovation provides a structured approach to managing...
Understanding Prescription Laws In South Africa
Introduction Prescription, as a legal principle, operates to extinguish a debtor's obligation to pay a debt after a specified period has elapsed. This principle holds unless the debtor has acknowledged their liability within that timeframe. In the absence of...
An Intra-Family Loan That Led To An Eviction Under The Spotlight
The Supreme Court of Appeal (SCA) recently made a significant ruling in De Kock v Du Plessis and Others (284/2023) [2024] ZASCA 117 (24 July 2024), highlighting the intricate legal relationship between property law, contract law, and the application of the Prevention...
Intestate Succession
Introduction The goal is always to investigate how inheritance law affects the allocation of property after death in regard to intestate succession. Two solutions in this matter will help achieve this. An owner can prepare a will specifying how his property...
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