Prescription of a Judgement Debt – how it can Impact both Your Family and Business
A recent judgement in Arcus v Arcus (1 of 2021) [2022] ZASCA 9 has become the talk of the town precisely because it involved a payment not enforced for over 25 years. Moreover, for arrear maintenance for children who have been long self- supporting. The Supreme Court...
Is the Common Law derivative action available to Close Corporations?
A derivative action is an action instituted by a person on behalf of a company to protect a company’s legal interests. It is a well-known remedy for companies, but what is the position in the Close Corporations Act 69 of 1984 (“Close Corporations Act”)? Yes,...
Business Litigation: Unpacking the Dreaded Term… Debt Collection
It is not uncommon for businesses to sell goods or services to consumers on credit. However, once a consumer has accepted a credit agreement, they become liable for the payment of that debt, usually by way of monthly instalments. Therefore, when a consumer defaults on...
Contesting a Will
Freedom of testation is the core principle when determining whether a will is valid and whether it can be contested or not, as South African law underpins the testator’s rights to decide how they wish for their estate to be divided and administered. However, it...
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