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Amendments To The National Credit Act And Debt Collection

2020-07-16T11:31:06+02:00Jan 24th, 2019|

Amendments To The National Credit Act And Debt Collection The National Credit Act of South Africa made a few amendments to the Act recently.  Most South Africans are not aware of these amendments and even worse is the fact that they are not aware of what it means to them as consumers.  It is imperative [...]

What Is The Outcome Of Domestic Violence On Child Custody Cases?

2020-07-16T11:32:51+02:00Jan 24th, 2019|

What Is The Outcome Of Domestic Violence On Child Custody Cases? When the court makes decisions at the conclusion of litigated child custody cases, it is made in the best interests of the children. Every child custody case is handled in this way. These decisions in court are sometimes overwhelmingly dictated by circumstances and one [...]

What Is The Role of the High Court When Applying For Surrogacy?

2020-07-16T11:35:58+02:00Jan 24th, 2019|

What Is The Role of the High Court When Applying For Surrogacy? The agreement between a surrogate mother and the commissioning parents must be confirmed by the High Court, as it is a unique contract. After the conclusion of the surrogacy agreement the consequences which may follow could have far-reaching, and sometimes unintended outcomes. The [...]

Child Custody For Unmarried Couples

2020-07-16T11:40:32+02:00Jan 24th, 2019|

What are unmarried couples rights to child custody? With regard to the custody of children conceived by an unmarried couple, nothing much changes to those borne to a married couple. In this day and age, there are many children whose parents were never married, or whose parents were never even in a committed relationship with [...]

The Amended Childrens Act on Surrogacy

2020-07-16T11:45:01+02:00Jan 24th, 2019|

The Amended Childrens Act on Surrogacy This overview of the law as it relates to surrogacy refers to the case Parte WH and others 2011 (6) SA 514 (GNP). The conclusion by the Court in the case of Van der Linde has certainly set a new outlook on the parental role. Before the enactment of [...]

Marriage, Divorce and Property Law

2020-07-16T11:50:41+02:00Jan 24th, 2019|

Marriage, Divorce and Property Law. What you need to know. Not everyone knows that a property contract agreement pertaining to property law can be overruled by agreements made in the marriage contract. If couples are unaware of the outcome regarding the sale of a property when married or after a divorce, the aforementioned can have [...]

How To Successfully Collect Sectional Title Levies Past The Due Date

2020-07-16T11:52:49+02:00Jan 24th, 2019|

How To Successfully Collect Sectional Title Levies Past The Due Date Collecting levies from owners/members of sectional title units are distressful for most managing agents and trustees of bodies corporate.  The most common way would be by the issue of summons. The managing agent representing a body corporate instructs an attorney to issue a summons [...]

How To Collect Mistaken Payments

2020-07-16T11:54:39+02:00Jan 24th, 2019|

How To Collect Mistaken Payments What happens when an individual or organization makes a payment to another party by a mistake and expects repayment for services not rendered. This classic case of debt collection is termed Condicto Indebiti in the legal world, and certain requirements have to be met in order for a plaintiff to [...]

Can Adultery Affect Child Custody?

2020-07-16T11:56:40+02:00Jan 24th, 2019|

Can Adultery Affect Child Custody? The short answer: No. But there’s more to this question than can be summarized in a simple one-word answer. There are cases whereby a carer's bedroom antics can influence one’s role as a caregiver and may be the cause for the court’s decision to change custody of a child/children. The [...]

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