Can a Creditor Sell the Home of a Debtor to Recover Outstanding Debt?
Most South Africans today, are overburdened and overwhelmed with debt and are struggling to repay creditors. According to recent statistics, a third of people in South Africa with credit are struggling to repay their debts. This means, there are approximately 10 million people who are three months or more behind on debt repayments. This article […]
Navigating Subpoenas in Magistrates’ Courts: Part 1
People who have not studied law or have no prior knowledge of the law may be confused and uncertain when served with a legal document called a “subpoena”, which states that they should attend and give evidence at a trial or that they should produce a document or thing. This will be a two-part series […]
Mediation v Arbitration: What Is the Difference? PART 1
A common trend in commercial contracts is the inclusion of a mediation and/or arbitration clause. As a general point of departure, these clauses require the parties to the contract to refer any dispute arising from the contract to mediation as a first step. Should the mediation process be unsuccessful, these clauses then require that the […]
Contractual Consequences of Breaking Off an Engagement
Contrary to popular belief, an engagement is not a mere social agreement. South African common law recognises an engagement (or promise to marry) as a contract from which some contractual remedies may flow. The engagement contract is, however, a contract sui generis (of its own kind). Therefore, it gives rise to certain contractual remedies. If […]
Understanding South Africa’s Domestic Violence and Harassment Act: A Comparative Analysis
South Africa has made significant strides in combating domestic violence and protecting the rights of its citizens. The Domestic Violence Act 116 of 1998 (DVA) and the Protection from Harassment Act 17 of 2011 (HA) serves as a powerful tool in addressing domestic and other forms of violence and abuse. Although both Acts share the […]
What Will Happen If You Ignore a Court Order?
Ignoring a court order in South Africa is a serious matter that can lead to significant legal consequences, including being held in contempt of court. This article explores what happens when someone chooses to disregard a court order, focusing on the legal framework and potential outcomes. Legal definition and types of contempt Contempt of court […]
Understanding living wills
When one thinks of a will, the first thing that comes to mind is probably a last will and testament. This type of will expresses a person’s wishes after they have died. However, a living will, despite sharing some similarities with a last will and testament, is not the same thing. It can be described […]
Caution advised: The pitfalls of online antenuptial contracts
In South Africa, an antenuptial contract (ANC) is a critical legal document that determines the matrimonial property regime of a marriage. While the online creation of ANCs offers convenience and cost-effectiveness, there are significant factors to consider before opting for this route. Complexity of legal requirements: ANCs in South Africa are governed by intricate laws and […]
Understanding estate massing in community of property marriages
In community of property marriages, spouses often combine their estates, or mass their estates, to ensure that certain assets go to specific beneficiaries. This is done while still ensuring the surviving spouse’s welfare and protecting assets from being misused after the first spouse passes away. This article will explain the necessary conditions for this estate […]
The omission of a single word can lead to a will being contested
The contents of an “inelegant and very badly drafted” will were recently the subject of a dispute in the South Gauteng High Court, in the matter Strauss vs Strauss and Others. The plaintiff instituted action claiming that the joint will of his parents not only made provision for the situation where they died within 30 […]