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The contract of sale, as it is known in South Africa today, derives its origins from the Roman consensual contract of emptio venditio.In D 18.1 (the title devoted to the contract of emptio venditio), there is no all-embracing definition of the special contract, but certain critical features can be extracted from the early fragments of the title:
A contract is an agreement entered into by two or more parties with the serious intention of creating a legal obligation; i.e. an obligationary agreement. A contract in South Africa is classified as an obligationary agreement—it creates enforceable obligations—and ought therefore to be distinguished from liberatory agreements (whereby ...
Registration does not depend on the validity of the underlying causa, as South Africa applies the abstract system of transfer of real rights. [113] The mortgage agreement, governed by the law of contract, is an undertaking to secure the underlying principal debt by passing a mortgage bond over immovable property in favour of the mortgagee.
When dealing with leases of moveable property, one should note the formalities introduced by the NCA, particularly those relating to pre-agreement disclosures, delivery of the relevant documents free of charge, compliance with plain-language requirements, provisions relating to unlawful agreement and unlawful provisions in a contract, and the ...
The owner, often referred to as the 'employer' or the 'client', [1] has full authority to decide what type of contract should be used for a specific development to be constructed and to set out the legally-binding terms and conditions in a contractual agreement. [2]
The law of agency in South Africa regulates the performance of a juristic act on behalf or in the name of one person ("the principal") by another ("the agent"), who is authorised by the principal to act, with the result that a legal tie (vinculum juris) arises between the principal and a third party, which creates, alters or discharges legal relations between the principal and a third party.
If the template has a separate documentation page (usually called "Template:template name/doc"), add [[Category:South Africa templates]] to the <includeonly> section at the bottom of that page.
A standard form contract (sometimes referred to as a contract of adhesion, a leonine contract, [a] a take-it-or-leave-it contract, or a boilerplate contract) is a contract between two parties, where the terms and conditions of the contract are set by one of the parties, and the other party has little or no ability to negotiate more favorable terms and is thus placed in a "take it or leave it ...
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