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January 24, 2019

Failure to Comply with a Demolition Order: A Follow-up on the BSB Judgment

In BSB International Link CC v Readam South Africa (Pty) Ltd and City of Johannesburg Metropolitan Municipality [2016] 2 All SA 633 (SCA), the Supreme Court […]
January 24, 2019

Caveat subscriptor: understanding the consequences of giving Performance security

Caveat subscriptor is a Latin maxim which essentially translates to “let the signer beware”. The maxim applies in South African law and is the name given […]
December 3, 2018

Requirements for minors travelling internationally

October 29, 2018

Prescription and the Apportionment of Damages Act

In common day life, individuals are more than likely to find themselves in situations involving a claim of a delictual nature. That is to say, a […]
October 29, 2018

Maritime Law

In its 120 years of practice, C&A Friedlander Inc. (previously C&A Friedlander) has covered many facets of commercial law as well as personal law. One of […]
September 5, 2018

Why it’s essential you nominate an executor of your estate

When drafting your Last Will and Testament you will have to decide who to nominate as executor of your estate. Your executor’s responsibilities It is your […]
August 23, 2018

Protect your family with a properly executed Will

A question that is often asked of attorneys is: “Why do I need a Will?” The answer is simple. Without a Will, the winding up of […]
July 23, 2018

How the General Data Protection Regulation affects South African data

With the meteoric increase of electronic data flow over the internet in the past two decades, it has become necessary to institute measures to control how […]
July 23, 2018

Has Your Claim Prescribed? Not Necessarily…

The recent judgment by the Supreme Court of Appeal in KLD Residential CC v Empire Earth Investments 17 (Pty) Ltd (2017) 3 All SA 739 (SCA) […]
July 5, 2018

Sectional Title Schemes: Is there a common solution to common property complaints?

What are your rights to common property under a sectional title scheme? If you are the registered title-holder of a unit in a sectional title scheme, […]
July 5, 2018

How legally enforceable is the principle of “ubuntu”?

Our Courts may have previously considered and been somewhat receptive to the idea of developing the common law to incorporate a duty on parties to negotiate […]
June 5, 2018

When not to institute Liquidation proceedings when a debt is due…

Liquidation proceedings are usually, and should as rule be, instituted when a debtor company is unable to pay its debts as they become due. However, liquidation […]
June 5, 2018

Piercing the corporate veil: when directors can be held responsible for losses

One of the oldest and most well-established principles of South African corporate law, and throughout the world, is that of separate juristic personality. In essence, the […]
April 24, 2018

Is your Restraint of Trade agreement reasonable?

A subject that is shrouded in confusion, however, present in most commercial agreements and employment contracts is the issue of a Restraint of Trade (“ROT”). ROT’s […]
April 24, 2018

Lack of labour law knowledge could put your new business at risk

Contemporary employers and nascent commercial entrepreneurs should take extra care and diligence in familiarising themselves with the provisions of the Labour Relations Act 66 of 1995 […]
April 24, 2018

Ensure your documents are legally authenticated for use abroad

In order to use documents in a foreign country, your documents need to be legally authenticated. “Authentication”, as defined by the High Court Act, is the […]
April 24, 2018

Can you share a borehole? Discover your praedial servitude rights

A praedial servitude is a limited right, which the owner of a property (“dominant property”) has over another property (“servient property”). The creation of the servitude […]
March 9, 2018

When is a sale a sale or not a sale?

In order for you to have a valid sale of your property, both the seller and the purchaser need to sign a written agreement. When the […]
March 9, 2018

Making sense of Exclusive Use Areas

When purchasing an apartment in a Sectional Title Scheme, your Agreement of Sale most likely refers to your parking bay, balcony or garden as an Exclusive […]
February 26, 2018

Make sure your marriage contract is right for you

If you are planning on getting married, don’t let romance get in the way of ensuring your marriage contract is everything you want it to be. […]