Antenuptial agreements are agreements which, inter alia, limit liability between spouses in the unfortunate event of divorce and/or in the event of any litigation arising against any spouse. Antenuptial contracts are known to exclude the spouses’ assets and liabilities from the matrimonial joint estate (subject to the type of agreement). […]
Continue Reading
What is Reckless Lending? In line with the National Credit Act 34 of 2005, prior to the entering of a credit agreement between a consumer and a credit provider, the credit provider has an obligation to perform due diligence, by conducting a detailed financial assessment on behalf of the consumer, […]
Continue Reading
When a decree of divorce is granted on the grounds of irretrievable breakdown of a marriage in community of property or out of community of property with the inclusion of the accrual system/regime, the court may make an order that the patrimonial benefits of the marriage be forfeited by one […]
Continue Reading
Constructive dismissal may be defined as a situation in the work place, which has been created by the employer and which renders the continuation of the employment relationship intolerable for the employee – to such an extent that the employee has no other option available but to resign (being the […]
Continue Reading
A deceased estate comes into existence when a person passes away, they may so pass with or without a will (testate or intestate, respectively). Such estate must then be administered and distributed in terms of the deceased’s will or failing a valid will, in terms of the intestate succession Act […]
Continue Reading
Nuisance is defined as an occurrence where a person occupying land creates a state of affairs, or allows such state of affairs to exist, that unreasonably, unfairly and materially disturbs or annoys a person occupying another piece of land. Individuals are required to abide by the municipal by-laws and regulations […]
Continue Reading
The Health Professions Act 56 of 1974 outlines medical law in South Africa. The medical profession is considered a noble profession because it helps with inter alia preserving life. Doctors and hospitals are expected to provide medical treatment with all the knowledge and skill at their command, and they should […]
Continue Reading
Unlawful arrest by the members of the SAPS (South African Police Service) can be extremely distressing especially in circumstances where a suspect has not previously been arrested by the police and is innocent of any allegations thereto. In certain instances, our law permits a police officer to execute an arrest […]
Continue Reading
Sadly, in South Africa, domestic violence cases are on the rise and more and more people fall prey to their loved ones (it should be noted that we do not deal with sexes herein, as domestic violence is prevalent amongst all sexes). Domestic violence has devastating consequences on the victim, […]
Continue Reading
Every employee in South Africa has the right to fair labour practices, an environment where a person can work and feel protected within the course and scope of their employment. Dismissal in a place of employment is governed by inter alia the labour relations Act (LRA) Act 66 of […]
Continue Reading