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SchoemanLaw Inc

Non-variation clauses and modern business transactions

Non-variation clauses and modern business transactions

26th September 2017 We all have seen a clause in most contracts called the “Non-variation clause”, but one does not always pay clear attention to this short three- or... 

Liability in companies – how far does it really go?

Liability in companies – how far does it really go?

8th August 2017 When the new Companies Act 71 of 2008, as amended, (the “new Act”) was enacted, the overall opinion was that its enactment would stifle... 

Implementation of the 2017 BBBEE Mining Charter

Implementation of the 2017 BBBEE Mining Charter 

10th July 2017 A little over a year ago, the 2016 Mining Charter was released by the Department of Mineral Resources (“DMR”). For additional notes on the 2016... 

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The process of liquidation

The process of liquidation 

6th July 2017 When a prospective business owner registers a new company, he or she does so with the confidence that they will make a success of that business.... 

Servitudes - What, how and when?

Servitudes - What, how and when?

6th July 2017 A servitude can be defined as a limited real right registered in the Deeds Office against the title deed of a property in terms of which a burden... 

Should disciplinary codes and procedures form part of the employment contract, or not?

Should disciplinary codes and procedures form part of the employment contract, or not?

8th June 2017 Employers often take for granted the importance of having clearly defined disciplinary codes and procedures in place, especially smaller employers... 

The Limits or Extension of Spoliation

The Limits or Extension of Spoliation

7th June 2017 For many practitioners, the mandament van spolie (spoliation) is a concept you vaguely remember from law school. In practice, however, it is known... 

Section 14 Of The Consumer Protection Act – A Property Owner’s Greatest Downfall

Section 14 Of The Consumer Protection Act – A Property Owner’s Greatest Downfall

6th June 2017 Section 14 of the Consumer Protection Act No 68 of 2008, (“CPA”), which relates to the expiry and renewal of fixed term agreements, reads as... 

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