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  • Article

    Why Does Litigation Take So Long?

    You authorise your lawyers to take action. Soon, colleagues ask for timelines and likely outcomes. From the outside, the matter seems to move in slow motion.
    South AfricaLitigation, Mediation & Arbitration
    Barnard Inc.
    Barnard Inc.
  • Article

    Can An Executor Run Off With Estate Sale Proceeds?

    When a property in a deceased estate is sold and transferred to a third party, the purchase price is typically paid into the late estate bank account.
    South AfricaReal Estate and Construction
    Barnard Inc.
    Barnard Inc.
  • Article

    Does A Usufruct Automatically Terminate On Death? Understanding The Legal Process

    Usufructs are frequently used in estate planning and property transactions in South Africa, particularly where a property owner wishes to grant a surviving spouse or family member...
    South AfricaReal Estate and Construction
    Barnard Inc.
    Barnard Inc.
  • Article

    Locking In Certainty: Why Sophisticated Creditors Prefer Guarantees Over Suretyships

    Credit heads and in-house counsel often default to "surety/guarantee" language in facility letters, assuming the two offer equal comfort.
    South AfricaCorporate/Commercial Law
    Barnard Inc.
    Barnard Inc.
  • Article

    Mergers Under The Microscope: Where Public Interest Meets Market Power

    South Africa's merger control regime occupies a unique position in comparative competition law by requiring that public interest considerations be assessed alongside traditional competition analysis...
    South AfricaCorporate/Commercial Law
    Barnard Inc.
    Barnard Inc.
  • Article

    What Developers And Body Corporates Need To Know About The Sectional Titles Amendment Act

    The new Sectional Titles Amendment Act No. 13 of 2022 ("the Act") incorporating regulations that govern property has been signed into law by our President and was published in the Government Gazette...
    South AfricaCorporate/Commercial Law
    Barnard Inc.
    Barnard Inc.
  • Article

    From Company Name To Commercial Asset: Where Trade Marks Fit Into A Startup’s Growth Journey

    One of the first decisions any founder makes is what to call their business. The name may start as a practical step in getting the company registered, but over time it can become something much more valuable.
    South AfricaIntellectual Property
    Barnard Inc.
    Barnard Inc.
  • Article

    News Platform Takedowns vs. Formal Legal Proceedings: A Practical Guide For Rights Holders In The Digital Age

    Digital platforms have transformed how intellectual property rights are enforced online, but when should rights holders rely on internal takedown systems versus formal court proceedings?
    South AfricaIntellectual Property
    Barnard Inc.
    Barnard Inc.
  • Article

    What Is The Value Of A Trademark?

    A trademark is not just a symbol or a name; it is a valuable asset that can significantly impact a business's worth. Limiting a trademark only to its ability to protect against infringement...
    South AfricaIntellectual Property
    Barnard Inc.
    Barnard Inc.
  • Article

    FIDIC – Proactively Preserving The Contractual Relationship

    The FIDIC suite of contracts has gone through extreme lengths to equip construction contractual parties with the tools to not only resolve disputes, but as far as possible to avoid disputes and preserve the contractual relationship between them.
    South AfricaLitigation, Mediation & Arbitration
    Barnard Inc.
    Barnard Inc.
  • Article

    High Court Declares Equal Levy Contributions Invalid And Unenforceable

    The Body Corporate of Kirtlington Park, who since its inception levied an equal amount of levy-contributions from all its members, and in 2016 formally adopted the "equal levy rule", is surely considering...
    South AfricaLitigation, Mediation & Arbitration
    Barnard Inc.
    Barnard Inc.
  • Article

    Al Dra ʼN Aap ʼN Goue Ring / The Devil Wears PRADA 2

    Het jy al ooit gewonder wie betaal vir wie wanneer persoonlike regte, handelsmerke en kopiereg in ʼn film so vervleg raak dat geen mens meer weet wat aangaan nie.
    South AfricaIntellectual Property
    Barnard Inc.
    Barnard Inc.
  • Article

    Can I Attach The Bank Account Of A Judgment Debtor To Satisfy A Judgment Debt?

    Rule 45(8) and 45(12) allowing a judgment creditor to attach the bank account of a judgement debtor.
    South AfricaLitigation, Mediation & Arbitration
    Barnard Inc.
    Barnard Inc.
  • Article

    Examining The Competition Commission's ‘Google Search'

    The South African Competition Commission probes Google ads and the distortion of competition on social media platforms.
    South AfricaAntitrust/Competition Law
    Barnard Inc.
    Barnard Inc.
  • Article

    Chuckles, But No Laughing Matter

    At the centre of the issue appears to be a commercial dispute with Woolworths, reportedly involving exclusivity arrangements and supply dynamics.
    South AfricaCorporate/Commercial Law
    Barnard Inc.
    Barnard Inc.
  • Article

    The Binding Nature Of Shareholders' Decisions At Meetings

    Shareholders' meetings are one of the crucial platforms for decision-making within a company.
    South AfricaCorporate/Commercial Law
    Barnard Inc.
    Barnard Inc.
  • Article

    Constitutional Court Reforms Divorce Act

    On 10 October 2023, the Constitutional Court of South Africa delivered groundbreaking judgments in two separate but interconnected cases, both challenging the constitutionality of Section...
    South AfricaFamily and Matrimonial
    Barnard Inc.
    Barnard Inc.
  • Article

    Ozempic se Onbedoelde Gebruike

    Ozempic was onlangs saam met BBL en ander politiese eienaardighede in die nuus. Ozempic se eienaar, Novo Nordik en iDexis, ‘n vervaardiger van generiese middels...
    South AfricaIntellectual Property
    Barnard Inc.
    Barnard Inc.
  • Article

    Can An Enrichment Claim Be Considered A ‘Debt' In Terms Of The Institution Of Legal Proceedings Against Certain Organs Of The State Act?

    The Supreme Court of Appeal was recently asked – in the matter between Greater Tzaneen Municipality v Bravospan – to consider whether an enrichment claim is considered a ‘debt'...
    South AfricaLitigation, Mediation & Arbitration
    Barnard Inc.
    Barnard Inc.
  • Article

    Memorandum Of Incorporation, Shareholders' Agreement And Rules Of A Company: The Same Orchestra But Different Instruments

    The Memorandum of Incorporation ("MOI"), Shareholders' Agreement, and Rules of a company can all be described as instruments forming part of the same...
    South AfricaCorporate/Commercial Law
    Barnard Inc.
    Barnard Inc.

Showing 301–320 of 393 results

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