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Standard Bank v Saunderson. Standard Bank of South Africa Ltd v Saunderson and Others is an important case in South African property law and civil procedure. It was heard in the Supreme Court of Appeal on 23 November 2005 and decided on 15 December 2005. In a unanimous judgment written by Judges of Appeal Edwin Cameron and Robert Nugent, the ...
The Constitution of South Africa is the supreme law of the Republic of South Africa. It provides the legal foundation for the existence of the republic, it sets out the rights and duties of its citizens, and defines the structure of the Government. The current constitution, the country's fifth, was drawn up by the Parliament elected in 1994 in ...
Civil procedure in South Africa is the formal rules and standards that courts follow in that country when adjudicating civil suits (as opposed to procedures in criminal law matters). [ 1 ] The legal realm is divided broadly into substantive and procedural law. Substantive law is that law which defines the contents of rights and obligations ...
South African constitutional law. South African constitutional law is the area of South African law relating to the interpretation and application of the Constitution of the Republic of South Africa by the country's courts. All laws of South Africa must conform with the Constitution; any laws inconsistent with the Constitution have no force or ...
South African contract law is "essentially a modernized version of the Roman-Dutch law of contract ", [ 1 ] and is rooted in canon and Roman laws. In the broadest definition, a contract is an agreement two or more parties enter into with the serious intention of creating a legal obligation. Contract law provides a legal framework within which ...
Testate succession exists under the law of succession in South Africa.. Testamentary succession takes place by virtue of either a will or a codicil: A will or testament is a declaration, in proper form, by a person known as the "testator" or "testatrix," as to how and to whom his or her property is to go after his or her death.
Legal interpretation in South Africa refers to the juridical understanding of South African legislation and case law, and the rules and principles used to construct its meaning for judicial purposes. [1] Broadly speaking there are three means by which and through which South African scholars and jurists construe their country's statutory law ...
In the realm of private law, South African jurisprudence covers delictual liability, which is akin to tort law in other jurisdictions. This area deals with wrongful acts that cause harm to individuals, requiring a demonstration of harm, wrongful conduct, causation, and fault. The law of delict ensures that victims of harm can seek redress and ...