Tag ArchivesSchoemanlaw Inc.
eviction

A private property owner’s guide to the legal eviction of unlawful occupants

South Africa is home to approximately 200,000 homeless people, a significant portion of the nation’s population of 53.5 million. While commendable efforts are being made to combat this, an unlawful occupant may cause considerable loss to a private property owner. In the event of this happening, it is crucial for the property owner to know […]

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Corporate Law South Africa: Legal new year resolutions – identifying risks and “plugging” the holes

Every year, as both individuals and in our businesses, we find ourselves making a list of things we need to address or do differently in the coming year. These “to-do’s” should be founded on the learnings from past-experiences. If nothing else, 2017 was a year of many learnings for many of us particularly in the […]

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shares

What makes you the owner of shares?

Often a company’s shareholding is not clear to a layman and even though you might be in possession of a share certificate, you might not necessarily be the valid owner of any shares. What a misconception to be held under. These types of situations arise especially in the BBBEE spectrum where someone is made to […]

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redistribution agreements

Redistribution Agreements and Requirements by the Master of the High Court

When a person dies, their beneficiaries may inherit moveable and/or immoveable assets in terms of a valid will (testate succession) or interstate succession (in terms of the Intestate Succession Act No 81 of 1987). However, not all the heirs concerned may be thrilled with what they have inherited, and they therefore have the option to […]

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restraint of trade

Understanding Restraint of Trade Agreements

A Restraint of Trade agreement is included in the majority of employment contracts in South Africa, yet most parties only enquire about the enforceability of clause at the conclusion of the period of employment. It is of crucial that all parties have a full understanding of the clause and its potentially far-reaching implications. This presents […]

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