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So far pietervdm has created 289 blog entries.

An overview on general notarial bonds (“GNB”)

A mortgage is classified as a limited real right and therefore the mortgage limits the rights of ownership of the mortgagor while providing the mortgagee with certain limited rights to the property. The mortgagor may accordingly not sell the property or burden it with servitudes without the mortgagee’s permission but the mortgagor is entitled to [...]

Final Liquidation Order does not dismiss Business Rescue opportunities

The process of business rescue as provided for in the Companies Act 71 of 2008 (“the Companies Act”), which although is still experiencing some teething issues, has become well established within business practice and has become a worthy alternative to the statutory norm of liquidation. One of the main topics in the business rescue process [...]

Suing a Foreign Company

Jurisdiction refers to the ability of a particular court to hear a matter which has been brought before it and to grant the appropriate relief in respect thereof. Generally, South African courts enjoy jurisdiction over persons (natural and juristic), resident or domiciled in the particular court’s geographical area or in respect of causes of action [...]

Is it a Sign(ature)?

When an agreement contains a non-variation clause, it is settled law that the agreement cannot be altered by oral agreement between the parties.  From the locus classicus this mechanism has become known as the Shiffren Straight Jacket and was later confirmed in the case of Brisley v Drotsky 2002 (4) SA 1 (SCA). In the [...]

Broad application of Section 197 of the Labour Relations Act

Section 197 of the Labour Relations Act No. 99 of 1995 (“the Labour Relations Act”) provides that if a transfer of a business takes place - the new employer is automatically substituted in the place of the old employer in respect of all contracts of employment in existence immediately before the date of transfer; all [...]

Unlawful Levying of Interest and Contractual Implications

A warning regarding charging interest on deferred payments – the recent SCA judgment in Vesagie NO & others v Erwee NO & another (734/2013) [2014] ZASCA 121 (19 September 2014) confirms that the sale contract will be void ab initio if the seller is not a registered credit provider in terms of the National Credit [...]

Attendance of international event

Pieter van der Merwe attended the Globalaw European meeting in Madrid Spain. earlier in March. His report was that it is evident from the discussions with colleagues within the group that it seems that the global economy improving. Further many European based businesses are exploring migrating into emerging and new markets which will be promising [...]

Signature of an agreement: how important is it?

Aside from various types of legal documents where signature of the parties is required by law (such as an agreement to dispose of a real right in land as contemplated in the Alienation of Land Act, 1981) there is a misconception in commerce that an ordinary agreement that is documented in writing must always be [...]

3 Grounds for Fair Dismissal

According to South African law there are only three grounds for the fair dismissal of an employee, namely the conduct of the employee, the capacity of the employee and the operational requirements of the employer's business. 1.Conduct of the employee In order for the dismissal to be regarded as fair: The employee must have contravened [...]

Yes, I have read the terms and conditions

English stand-up comedian Eddie Izzard once said “No one in the universe has read the terms and conditions”. He was of course referring to the terms and conditions of iTunes which we all blindly accept in the “ordinary course of our social business”. He went on further to say “anything could be in the terms [...]

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