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Insolvency in South African law refers to a status of diminished legal capacity ( capitis diminutio) imposed by the courts on persons who are unable to pay their debts, or (which amounts to the same thing) whose liabilities exceed their assets. The insolvent's diminished legal capacity entails deprivation of certain of his important legal ...
5 June 1998. Status: In force. The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) [1] is an act of the Parliament of South Africa which came into effect on 5 June, 1998, and which sets out to prevent arbitrary evictions . In terms of the Constitution of South Africa, "No one may be evicted from their home, or have ...
Civil procedure in South Africa is the formal rules and standards that courts follow in that country when adjudicating civil suits (as opposed to procedures in criminal law matters). [1] The legal realm is divided broadly into substantive and procedural law. Substantive law is that law which defines the contents of rights and obligations ...
Criminal procedure in South Africa refers to the adjudication process of that country 's criminal law. It forms part of procedural or adjectival law, and describes the means by which its substantive counterpart, South African criminal law, is applied. It has its basis mainly in English law .
The law of agency in South Africa regulates the performance of a juristic act on behalf or in the name of one person ("the principal") by another ("the agent"), who is authorised by the principal to act, with the result that a legal tie (vinculum juris) arises between the principal and a third party, which creates, alters or discharges legal relations between the principal and a third party.
e. South African contract law is "essentially a modernized version of the Roman-Dutch law of contract ", [1] and is rooted in canon and Roman laws. In the broadest definition, a contract is an agreement two or more parties enter into with the serious intention of creating a legal obligation. Contract law provides a legal framework within which ...
An emoluments attachment order in South African law is a court order whereby the judgment creditor is able to attach part of the salary or wages of the judgment debtor. [1] Once an emoluments attachment order has been granted, the employer of the judgment debtor (who is referred to as the garnishee) is obliged (on a continuing basis, and until ...
JOHANNESBURG (Reuters) -South Africa's election on May 29 could bring momentous change, with polls suggesting the ruling African National Congress is likely to lose its majority after 30 years in ...