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SchoemanLaw Inc
Cession – How, when and why does it matter?

Cession – How, when and why does it matter?

by Nicolene Schoeman-Louw | May 4, 2023 | Civil Litigation and Alternative Dispute Resolution, Commercial law, Contract Drafting

Introduction Often when we do not provide personal surety, the security of a loan can take the form of a cession. Therefore, the theory behind what we agree to when we agree to a cession is critical.  South Africa has two types of cession: out-and-out and...

The use and validity of electronic signatures

by Celesté Snyders | Apr 11, 2023 | Contract Drafting

Introduction to electronic signatures Electronic signatures have become increasingly popular in recent years due to their convenience and efficiency in managing contracts. We live in a technologically advanced world and can now sign contracts electronically. In South...
Mandamus and accountability in South African law

Mandamus and accountability in South African law

by Johan de Lange | Mar 7, 2023 | Civil Litigation and Alternative Dispute Resolution, Commercial law, Contract Drafting, Publications

  Accountability is of utmost importance in South African law as it serves as a cornerstone of good governance and the protection of citizens’ rights and freedoms. The Constitution of the Republic of South Africa, 1996, recognizes the importance of...
Stretching the limits of keeping our Agreements?

Stretching the limits of keeping our Agreements?

by Nicolene Schoeman-Louw | Feb 1, 2023 | Contract Drafting, Publications

IntroductionPacta sunt servanda, Latin for “agreements must be kept”, is a brocard and a fundamental principle of law. According to Hans Wehberg, “few rules for the ordering of Society have such a deep moral and religious influence” as this...
Life Partnership and Inheritance – Know your Rights!

Life Partnership and Inheritance – Know your Rights!

by Cheralco Worship | Dec 4, 2022 | Antenuptial contract, Contract Drafting, Family Law, Publications

For many years it has become common practice for many heterosexual South African couples to live together for a significant period of time as married couples would without actually getting married legally. This type of relationship is known as a life partnership, and...
“I did not read the Contract Properly” – Caveat Subscriptor

“I did not read the Contract Properly” – Caveat Subscriptor

by Kavita Kooverjee | Nov 3, 2022 | Civil Litigation and Alternative Dispute Resolution, Commercial law, Contract Drafting, Publications

“I did not read the contract properly.” – barely a week passes before we hear these words from clients again. The Caveat Subscriptor principal is a Latin term loosely translated: “let the signer beware.” In Burger v Central South African...
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Recent Posts

  • Safeguarding Consumer Rights: Defective Vehicle Purchases
  • Laws of Evidence in Litigation: Deciding the Fate of a Case
  • Terminating a Contract: Rights, Procedures & Aftermath
  • The Conveyancing Process: A Guide for Business Owners
  • Understanding Contractual Mistakes

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