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Prescription of a vindicatory claim

Prescription of a vindicatory claim

By: Creamer Media Reporter      8th June 2015 In terms of the Prescription Act, Act 68 of 1969, a debt prescribes three years from when the debt becomes due and payable. In the recent case of... 

Estate duty abatement

Estate duty abatement

6th May 2015 In terms of the Estate Duty Act, Act 45 of 1955 as amended (‘the Act’), an amount of R3.5-milion can be deducted from the nett value of the... 

Decisions decisions, what will I do?

Decisions decisions, what will I do?

13th March 2015 The Minister of Finance Nene, in his first Budget Speech announced that section 8C of the Income Tax Act (The Act) would be amended to deal with... 

More Schoeman Law Inc
Is there a duty on the seller to return the deposit and transfer duty paid upon the cancellation of the sale?

Is there a duty on the seller to return the deposit and transfer duty paid upon the cancellation of the sale? 

6th February 2015 1In Royal Anthem Investments, a dispute arose with regards to a written agreement of sale concluded by the parties on 1 June 2009. Yuen Fan Lau and... 

Do shareholders also have a fiduciary duty?

Do shareholders also have a fiduciary duty?

19th January 2015 A company is a juristic person that is separate from its members or shareholders. Section 19 (1) of the Companies Act, Act 71 of 2008 (hereafter... 

Pyramid schemes and unjustified enrichment

Pyramid schemes and unjustified enrichment

8th December 2014 Trustees, Estate Whitehead v Dumas  the court had to decide whether an investor, Dumas, who had by way of a fraudulent misrepresentation invested... 

A comparison between the repealed Companies Act and the Companies Act 71 of 2008

A comparison between the repealed Companies Act and the Companies Act 71 of 2008

10th November 2014 In order to understand the rationale behind the requirement as set out in Section 11(3) (b) of the Companies Act 71 of 2008, a comparison has to be... 

Court annexed mediation

Court annexed mediation

6th October 2014 The Rules Board for Courts of Law has amended the rules regulating the conduct of proceedings of the Magistrate Court of South Africa, in order to... 

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