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Suretyship vs Guarantee. What’s the difference?

02 May 2024

In this article, we look at two primary forms of security commonly found in financial transactions, namely suretyship agreements and... guarantees, and explain the difference between these two forms of security.

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6
Article

Leave to Appeal vs Special Leave to Appeal

02 May 2024

On 4 April 2024 in the matter of Savannah Country Estate Homeowners Association v Zero Plus Trading 194 (Pty) Ltd... and Others (773/2022) [2024] ZASCA 40, our Supreme Court of Appeal (“SCA”) had to address the important difference between an application for leave to appeal and an application for special leave to appeal. In this article, we analyse the SCA’s views in this regard.

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6
Article

Suretyship vs Guarantee. What’s the difference?

02 May 2024

In this article, we look at two primary forms of security commonly found in financial transactions, namely suretyship agreements and... guarantees, and explain the difference between these two forms of security.

READ MORE
6
Article

Leave to Appeal vs Special Leave to Appeal

02 May 2024

On 4 April 2024 in the matter of Savannah Country Estate Homeowners Association v Zero Plus Trading 194 (Pty) Ltd... and Others (773/2022) [2024] ZASCA 40, our Supreme Court of Appeal (“SCA”) had to address the important difference between an application for leave to appeal and an application for special leave to appeal. In this article, we analyse the SCA’s views in this regard.

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6
Article
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Filter: Matrimonial Property Act
Spousal Consent: unveiling the challenges in community of property marriages

29 May 2023

When spouses are married in community of property, our law dictates that a spouse requires the consent of the other... spouse when entering into a transaction that affects the joint estate. But what happens when one spouse refuses to provide consent?

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198
Article
Are shares excluded from my estate’s accrual?

16 October 2019

I’m married out of community with the accrual system. I specifically excluded my share portfolio from my accrual in the... antenuptial contract when we got married. Recently when reviewing my estate planning the question came up whether new shares that I acquired after we got married was also excluded for purposes of an accrual calculation. What is the position here?

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386
Article