SchoemanLaw Inc
The effect of business rescue proceedings on creditors’ rights to enforce suretyship agreements
23rd November 2015 One of the concepts introduced by the Companies Act 2008 (the “Act”) is Business Rescue. These proceedings provide for financially distressed... →
Does ownership of a domain name give the owner exclusive rights thereto?
7th October 2015 The misuse of a domain name by someone other the rights holder could be viewed as “passing off”. Passing off is a delictual claim. Passing off... →
Information: Its collection and processing in terms of the Protection of Personal Information Act (POPI)
3rd September 2015 The Protection of Personal Information Act or “POPI” as it has commonly been referred to, was gazetted in November 2013, is aimed at regulating... →
Does non-compliance with procedural requirements for Business Rescue result in a nullity?
11th August 2015 In one of the revolutionary judgements on business rescue to date the Supreme Court of Appeal the court clarified certain provisions in the... →
When and how can I evict my lawful tenant?
7th August 2015 Evictions in South Africa are regulated by the Prevention of Illegal Evictions from and Unlawful Occupation Act, Act 19 0f 1998 ("PIE" Act). In... →
Is business rescue possible after final liquidation?
3rd July 2015 The Companies Act 71 of 2008, in section 131(6) provides that a court may order that business rescue proceedings commence after a final order of... →
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
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... →
