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When the Property Transfer is from a Deceased Estate – Things to Note

It happens most often that some properties are transferred and sold from a deceased estate, with the purchaser having to transact with the heir or the executor of the deceased estate. In other instances, there is no sale involved, but that the property must be transferred from the deceased estate to the heir who is entitled to inherit such property.

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The Valid Conclusion of Marriages in South Africa

Planning and concluding a marriage is one of the most exciting events in many people’s lives. This article briefly discusses the various essential and ancillary issues surrounding the conclusion of marriage, in order for it to be valid and effective.

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Marriages between South Africans and Foreign Nationals – Important Notes

Due to various political and socio-economic reasons in the past two decades, emigration to South Africa from countries in the region and the continent has surged immensely. This has naturally led to immigration laws, regulations and policies by the government of South Africa to be on a continuous path of development and modification to suit the altering patterns in immigration.

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Legalising Foreign Marriages in South Africa

South Africa has for a while became a preferred destination for work, tourism, retirement, religious, business and other various activities. Consequently, marriages between foreign nationals and South Africans have become commonplace as social barriers become less and less matters of concern.

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Love Thy Neighbour - Property Boundary Matters

Often at times municipalities are approached by disputing parties with regards to complaints relating to boundaries on their properties. This usually happens in residential than commercial properties, where neighbours accuse each other of going beyond their lawful property boundary and penetrating into the other’s property.

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Customary Marriage – Changing the Default Matrimonial Property System

Customary marriages in South Africa are regulated under the Recognition of Customary Marriages Act 120 of 1998 (RCMA). The RCMA provides that for a customary marriage to be deemed as legally valid and binding, the requirements provided in Section 3 must be complied with.

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What You Need to Know About Liquidation in South Africa

While the business rescue procedure is aimed at rehabilitating financially distressed companies so that they can return to solvency, liquidation is aimed at winding the company upon realisation that the situation is so dire, and liquidation is the only option left.

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The Legal Process of Adopting a Child in South Africa

Adopting a child is a regulated process in most if not all jurisdictions over the world. In South Africa it is regulated under the Children’s Act 38 of 2005. The reasons for such regulation are as diverse as the reasons to adopt themselves, but the core of the matter is that as important as the offer to provide a home for children without a supportive home.

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The Effect of Insolvency on the Estates of Spouses

Where one of the spouses in a marriage becomes sequestrated, the system that governs their matrimonial property is important in the determination of consequences on the estate of the other spouse.

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The Difference Between Liquidation and Business Rescue

Liquidation is whereby a debtor entity, after the realisation that its liabilities exceed assets (factual insolvency) or inability to settle the liabilities as and when they become due and payable (commercial insolvency) is wound up.

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