Tag ArchivesSchoemanlaw
agency

Conveyancing: The Electronic Deeds System Explained –

Introduction  During the first quarter of 2018, Parliament’s National Assembly passed the Electronic Deeds Registration Systems Bill (hereinafter referred to as the “Bill”), which was originally published by the Minister of Rural Development and Land Reform on 7 December 2017. The Bill was tabled as far back as 2017 and proposes some significant changes for […]

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Multiple Offers

Multiple Offers – Can the Seller cancel an Offer to Purchase upon receiving a better offer?

Introduction In South Africa, the transfer of Immoveable Property is governed and regulated by legislation to ensure that all Parties to a transaction are protected. In terms of Section 2 of the Alienation of Land Act No. 68 of 1981, as amended, no alienation of land shall be of any force and effect unless it […]

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Competition Amendment Act

Key Changes introduced by The Competition Amendment Act

On 13 February 2019, South African President Cyril Ramaphosa signed the Competition Amendment Act, 2019 into law. The commencement date has yet to be published in the Government Gazette. In South Africa, economic concentration results in fewer opportunities for SME’s and black entrepreneurs. These amendments aim to empower the competition authorities and government to create new […]

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capacity

Limitations on Contractual Capacity

Introduction In South Africa, importance is placed on an individual’s ability to act in appreciation of the consequences of their actions. It is because of this general outlook that there are different legal limitations placed on a person’s ability to contract, which will be discussed below. It is important to understand these limitations as contracting […]

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neighbour

Neighbour law: what constitutes a nuisance

Introduction Today one often hears of complaints of nuisances to one’s property whether residential or commercial. However, what exactly does the law recognize as a nuisance, and what are the possible remedies available? This article will briefly explore what constitutes a nuisance and the requirements. Definition A nuisance can be defined as any form of […]

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