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Legal Articles

From monthly archives: November 2021

We are pleased to present below all posts archived in 'November 2021'. If you still can't find what you are looking for, try using the search box.

The Chameleon Effect - From a Close Corporation to a Company

Seeing a chameleon continuously changing its colours is such an awesome sight to experience. To little children this is nothing more than a fun affair, but as you grow older everything about the chameleon starts to make sense. Due to its extremely slow movement, a long rolled-up tongue enables it to catch prey from a distance. What of its ability to change the colour of its skin just like that, so as to hide from its own enemies who are faster in executing hunting missions. When it turns green or brown, it still remains the same chameleon, albeit in a new colour giving it a hiding advantage at that particular time. The story of a chameleon is a perfect example of adapting to the environment. Nature is indeed amazing.

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The Bolts & Nuts Of Marriage In Community Of Property

In this age of massive information dissemination on the cyberspace, the growth of information sources on various platforms has led us to believe that many people are now familiar with what marriage in community of property is, at least in its most basic form. For laymen that is enough and useful, because to go anywhere beyond that point would require a qualified legal practitioner to assist e.g. divorces, Antenuptial Contracts etc.

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These Two Types Of Contracts, Must Be Cast In Stone

In South African law, a number of contracts may be entered into verbally or in written form. It remains the choice of the parties, their requirements and what is convenient for them on whether to conclude their agreement in writing or orally. Sometimes it is about the cost as well. Legal Practitioners charge a fee to draft and facilitate the execution of a contract between the parties.

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The Challenge With Writing On Sand - Verbal Agreements

For those who have visited the desert areas and experienced sand dunes, they probably have seen how the shapes and arrangements of these sand dunes quickly change as soon as the wind blows over them. Some have been to the beach and probably wrote names of their loved ones in the sand on the shoreline, to great disappointment when the great waves wash the beach, the names are erased in a huff. No inscription remains on the sand, as if there never was.

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Removing Someone From A Joint Bond Is Not Just A Wish Away

Growing up in our infant years, we used to play ‘imaginary family house.’ This was a game whereby we would find a suitable place in the backyard and divide roles amongst ourselves and our friends. One would be chosen to act as the father, another as the mother, and others as the children. Of course, sometimes there would be disputes between two boys who both would want to act as the father especially if the girl he liked was chosen as the mother for that particular day.

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Prescripts Of Varying An Agreement - Non-Variation Clauses

Contracts are part of our everyday interaction with each other, on so many levels e.g social, commercial, religious etc. At the mention of the word “contract” the first thing that clicks in many people’s minds is a long document with terms and conditions, in small fine print, full of legal jargon. Indeed, the majority of what can be accepted as contracts and used as such are in written format.

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Giving Color To A Silhouette - Enforcing A Verbal Contract

Verbal contracts are recognized and binding in South African law. Nonetheless, it still remains the burden of the claimant to prove the existence of such a contract where disputes have arisen. This is not easy, as the party who is alleged to have breached the contract will certainly not give in to anything easily, but try to beat the allegations of the claimant by all means necessary.

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Will The POPI Act & Cybercrimes Act Work Well Together?

South Africa introduced the Cybercrimes Act 19 of 2020 when it was signed into law in May 2021, but is yet to come into operation. The need for such a law in its form is open to discussion by all stakeholders but there is general consensus of the need to create a regulatory framework to curb the scourges that it was promulgated to provide for and advance cyber security.

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Why An Antenuptial Contract Could Save It All

Further to the usual partying of the festive season, it is also a time where many couples schedule weddings to celebrate tying the knot. The huge pressure and strain that comes with organising and putting together a wedding more often leaves some little but important details unattended to. Unfortunately for some, the importance of these minor details only becomes manifest when the spouses are already in their new home.

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What Accrual Means In Matrimonial Property

In the English language vocabulary context, accrual means what has been accrued or gained. In the legal context, the same meaning does apply and in the context of matrimonial property systems, accrual means what has been added to or gained apart from what has been there before.

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