Civil Law Novation only takes place when obligation is extinguished to make room for a new obligation A verbal agreement following a public deed is not novation if the terms and conditions were merely modified. This was held by Judge Miriam Hayman…MMA EditorJanuary 9, 2022
Company Law Contractors remain responsible even though the works have been accepted When a contractor finishes the works he or she was engaged to carry out, he/she will be still responsible even if the works have been…Marthese HiliDecember 19, 2021
Family Law Termination of community of acquests during separation proceedings concern future dealings only The community of acquests may be terminated during separation proceedings, but this concerns future dealings of the spouses. This was held in a decree AB…Marthese HiliNovember 28, 2021
Procedural Law Contracts obtained by fraud must be of a serious nature When one alleged that a contract was obtained by fraud, then that party must prove that the fraud is of a serious nature, which is…Marthese HiliJuly 4, 2021
Civil LawProperty Law There must be a clear understanding in a Prestanome arrangement A Prestanome is an indirect mandate, but the parties have to be aware of its existence to be valid. This was held by the Magistrates’…Marthese HiliMay 2, 2021
Civil Law Second wife of a few months is entitled to reserved portion after the death of the husband The law provides that the widow of a divorced husband is entitled to receive her full share of the reserved portion. This was held in…Marthese HiliApril 25, 2021
Commercial Law Prescription period starts upon last entry of the account A commercial account between two companies starts not when the order was effected but when the account is liquated. This was held in a judgement…MMA EditorMarch 28, 2021
Property Law Commercial leased properties must be made use of Commercial premises will be terminated if it is not being made use of.MMA EditorJanuary 31, 2021
Civil LawFamily Law Evaluation of appeal is required to determine which declarations are res judicata A decision of the Civil Court (Family Section) was overturned by the Court of Appeal by the judgement Sarah Gatt v. Jean Pierre Gatt delivered…Marthese HiliDecember 27, 2020
Property Law Debtor must prove set-off if it is being claimed If a debtor claims that the debt is paid through a set-off then it is the debtor who has to prove this and not the…MMA EditorJuly 31, 2020