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  • Article

    Not Every Residential Lease Falls Under The Consumer Protection Act

    A recent Supreme Court of Appeal judgment is a useful reminder that not every residential lease is automatically governed by the Consumer Protection Act 68 of 2008 (CPA), and that a court cannot sidestep...
    South AfricaReal Estate and Construction
    Barnard Inc.
    Barnard Inc.
  • Article

    Special Power Of Attorney vs General Power Of Attorney In Property Transfers: What Must Be Lodged In The Deeds Office?

    In property transactions, Powers of Attorney are frequently used, particularly where a Seller or Purchaser is abroad, unavailable, or otherwise unable to sign transfer documents personally.
    South AfricaReal Estate and Construction
    Barnard Inc.
    Barnard Inc.
  • Article

    The Benefit Of A Section 20 Transaction vs A Normal Offer To Purchase

    In property transactions within developments, many practitioners and purchasers are familiar with the traditional Offer to Purchase (OTP) structure.
    South AfricaReal Estate and Construction
    Barnard Inc.
    Barnard Inc.
  • Article

    The Statutory Provisions And Real-World Application Of Asset-For-Share Transactions Under Section 42 Of The Income Tax Act.

    While some high-profile share swaps in the retail and lifestyle sector have left a bitter aftertaste, it is important to remember that not all corporate restructures are cautionary tales.
    South AfricaTax
    Barnard Inc.
    Barnard Inc.
  • Article

    Customary Law In South Africa: Are You Really Married?

    South Africa's rich cultural diversity influences our legal system, particularly in recognising marriages.
    South AfricaFamily and Matrimonial
    Barnard Inc.
    Barnard Inc.
  • Article

    Can A Maintenance Subpoena Be Challenged?

    Section 28(2) of the Constitution of the Republic of South Africa, 1996, read with section 9 of the Children's Act 38 of 2005, provides that the child's best interests are of paramount importance...
    South AfricaFamily and Matrimonial
    Barnard Inc.
    Barnard Inc.
  • Article

    The Devil Wears Prada: Who Owns What And Why The Structure Of Intellectual Property Matters

    The Devil Wears Prada is more than a cultural phenomenon—it's a complex intellectual property ecosystem involving multiple rights holders, from the original author to the luxury brand itself. This analysis examines how copyright, trademark, and personality rights intersect to create a legally sustainable framework that enables both creative freedom and commercial exploitation in the entertainment industry.
    South AfricaIntellectual Property
    Barnard Inc.
    Barnard Inc.
  • Article

    Section 45 Of The Income Tax Act: The Tax-Free Shuffle Within Corporate Groups

    Section 45 of the Income Tax Act 58 of 1962 (the "ITA") provides a valuable tax deferral mechanism for corporate groups wishing to reorganise their internal structures without incurring immediate tax consequences.
    South AfricaCorporate/Commercial Law
    Barnard Inc.
    Barnard Inc.
  • Article

    Verstaan Die Finansies: Beginselgebaseerde Onderhandelinge Tydens IP-Waardasie

    Beginselgebaseerde onderhandelinge tydens IP-waardasie vereis dat entrepreneurs finansiële state, ROI, beleggersrisiko en volhoubaarheid strategies verstaan.
    South AfricaIntellectual Property
    Barnard Inc.
    Barnard Inc.
  • Article

    Sale Of A Tenanted Property: Is An Exit Inspection Required Before The Tenant's Deposit Can Be Released?

    The sale of a tenanted property often creates uncertainty regarding the handling of tenant deposits, lease agreements, and the responsibilities of managing agents. One recurring dispute arises when ownership of a property changes and the tenant remains in occupation under a new lease agreement with the purchaser.
    South AfricaReal Estate and Construction
    Barnard Inc.
    Barnard Inc.
  • Article

    Transfer Duty And Instalment Sale Agreements: Understanding Section 20 Of The Alienation Of Land Act

    Instalment sale agreements offer flexibility in South African property transactions, but many purchasers misunderstand when transfer duty becomes payable. Under Section 20 of the Alienation of Land Act, transfer duty liability may arise at the date of agreement signature—long before ownership actually transfers—creating unexpected financial obligations that require careful legal and tax planning from the outset.
    South AfricaReal Estate and Construction
    Barnard Inc.
    Barnard Inc.
  • Article

    A Guide For Business Owners: Understanding Business Rescue In South Africa

    In South Africa, it is important for business owners and directors to be aware of the tools available to them should they face financial distress.
    South AfricaCorporate/Commercial Law
    Barnard Inc.
    Barnard Inc.
  • Article

    Section 47 Of The Income Tax Act: Tax-Efficient Shareholder Distributions On Liquidation

    When a company faces liquidation, winding-up or deregistration the instinct might be to brace for tax consequences, but section 47 of the Income Tax Act 58 of 1962...
    South AfricaCorporate/Commercial Law
    Barnard Inc.
    Barnard Inc.
  • Article

    Opinion: The Property Practitioner's Act, To Apply Or Not To Apply?

    The question arose whether the Property Practitioner's Act, 22 of 2022 is applicable on non-profit retirement villages that manage, rent, and own immovable property for a select...
    South AfricaReal Estate and Construction
    Barnard Inc.
    Barnard Inc.
  • Article

    How Should You Own Residential Property In South Africa? Trusts, Companies And Holding Structures Explained

    In today’s residential property environment, how you own property is often as important as what you buy. Increasingly, South African investors and high-value homeowners are re-examining traditional ownership...
    South AfricaReal Estate and Construction
    Barnard Inc.
    Barnard Inc.
  • Article

    Section 44 Of The Income Tax Act And The Art Of Tax-Efficient Amalgamations And Mergers

    Section 44 of the Income Tax Act 58 of 1962(the "ITA") provides targeted tax relief for companies undergoing a genuine consolidation through an amalgamation, merger, or conversion.
    South AfricaCorporate/Commercial Law
    Barnard Inc.
    Barnard Inc.
  • Article

    The Blame Game: Who Pays When Products Fail?

    When a product breaks, the question of liability arises. Should the consumer, the supplier or the manufacturer carry the cost?
    South AfricaConsumer Protection
    Barnard Inc.
    Barnard Inc.
  • Article

    Should You Sell Your Home On Auction In A Difficult Property Market? Pros And Cons Every Seller Should Know

    When the residential property market slows down, Sellers often start considering alternative methods to secure a sale. One option frequently suggested by Agents is selling a private residential property by auction.
    South AfricaReal Estate and Construction
    Barnard Inc.
    Barnard Inc.
  • Article

    Shared Lives, Separate Laws: Understanding Cohabitation Without An Agreement

    Cohabitation relationships refer to the act of living together with someone in an intimate and committed relationship without being married or in a civil partnership.
    South AfricaFamily and Matrimonial
    Barnard Inc.
    Barnard Inc.
  • Article

    Fraudulent Electrical Certificates Of Compliance In Property Transactions: Legal Consequences For Sellers, Purchasers And Contractors

    In South African property transactions, the Electrical Certificate of Compliance (“ECOC”) is a critical legal requirement that ensures the safety and regulatory compliance of electrical installations.
    South AfricaReal Estate and Construction
    Barnard Inc.
    Barnard Inc.

Showing 361–380 of 393 results

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