Tag ArchivesSchoemalaw Inc
Contracts

Contracts: Key differences between options, preferences and rights of pre-emption

Introduction Common contractual clauses include those of Options, Preferences or Rights of Pre-Emptions. These are particularly common in contracts of sale as well as contracts of lease in some cases. While all these instruments have the effect of benefiting one of the parties to a contract, there are a number of key differences. All of […]

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Testamentary Trusts

Testamentary Trusts

We all have read and heard somewhere in our lives of the importance of a Will.  However, we have not heard the reasons as to why we need to make provision for a testamentary trust in our Wills.  As we are celebrating Youth Month in June, we are now more aware than ever before that […]

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condonation

The Ability to Constitute Quorum at a General Meeting of a Body Corporate and the limitation of Proxys

The Sectional Title Scheme Management Act 8 of 2011 (hereinafter referred to as “STSMA”) brought significant changes to what would constitute a quorum for a general meeting of a Body Corporate in Sectional Titles Scheme. A general meeting of the Body Corporate is required to be held annually. The Body Corporate is made up of […]

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Can an acknowledgment of indebtedness made without prejudice be admitted as evidence in trial proceedings?

General legal practice prescribes that when an admission is made within a letter, with the result of both parties reaching a mutual agreement, such admission may be made without prejudice. The inferred understanding is that such an admission would not form part of any litigious evidence should the matter end up in court. A debtor […]

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Sale of Property: Compliance Certificates

When immovable property is in the process of being sold, there are certain compliance certificates that are necessary to obtain before the transfer can be registered. Some of these certificates are obligatory in terms of legislation, depending on the particulars of the property and type of transaction. Types of certificates:  Electrical certificate of compliance: Electrical […]

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