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Commercial agreements are legally binding contracts between parties where one or both are either required to do something in terms of the contract or to refrain from doing something.
These agreements can either take the form of being verbal, in writing, or implied. In many instances, agreements contain warranties which should be reviewed by a lawyer beforehand in order to limit the damages between parties should one of them want to opt out.
Many people are unsure of how the debt collection procedure in the South African courts works.
As a result, many people suffer prejudice due to a delay in the proceedings and in some instances the claim becomes prescribed (expired).
Our courts have specific requirements regarding debt collection which can be explained in different stages.
In many labour disputes employees may be unfamiliar on what the correct procedure is to follow.
In South Africa, the procedure followed to resolve labour disputes is not based on the rules of civil litigation, but rather regulated by the provisions of the Labour Relations Act (also known as the LRA).
Rent-to-buy, also known as rent-to-own, is when there is a lease agreement between the tenant and owner which provides for the rental of the property by the tenant for an agreed period of time and at the end of that time, the tenant has a chance to buy the house from the owner.
When couples decide to get married, they are usually not thinking about death and what might happen once one of them sadly passes away. However, in reality choosing a marriage regime is very important for estate planning. Here’s what you need to know when considering the effect your marriage regime might have on estate planning.
As 2018 comes to a close, Bailey Haynes Incorporated would like take a look at what we have achieved and to give a special thanks to everyone who has contributed to our success.
The abuse of Emolument Attachment Orders (“EAO”) as a means of collecting debt has been under the spotlight for some time. As a result, the amendments to the Magistrates Court Act 1944 and the Magistrate Court Rules 2010 came into operation on 1 August 2018.
The Department of Home Affairs released statistics for 2015 which show an amount of 143 279 marriages being concluded. The statistics also indicate that 41% of marriages ended up in divorce for the year of 2015. There has also been an indication that the amount of marriages being concluded every year is dropping while the amount of divorces taking place each year is increasing. With such a high percentage of divorces taking place each year, it is important to discuss what a divorce process might entail.
What is corporal punishment? It has been defined as “any punishment in which physical force is used and intended to cause some degree of pain or discomfort, however light” by the United Nations Committee.
A National Survey was conducted in which it was found that 57% of parents use corporal punishment as their chosen disciplinary method and 37% of those parents use objects such as belts, wooden spoons etc., to carry out their discipline.
If a company/close corporation is in financial trouble and all possible avenues to save the business have been exhausted, there is one last option available to save the business: it can lodge an application for business rescue at the CIPC. In order to qualify for business rescue proceedings, the business must satisfy the requirements as set out in the next paragraph.
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