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The South African law of sale is an area of the legal system in that country that describes rules applicable to a contract of sale (or, to be more specific, purchase and sale, or emptio venditio), generally described as a contract whereby one person agrees to deliver to another the free possession of a thing in return for a price in money.
South African property law regulates the "rights of people in or over certain objects or things." [ 1] It is concerned, in other words, with a person's ability to undertake certain actions with certain kinds of objects in accordance with South African law. [ 2] Among the formal functions of South African property law is the harmonisation of ...
The South African law of lease is an area of the legal system in South Africa which describes the rules applicable to a contract of lease (or letting and hiring, Lat locatio conductio, Afrik huur en verhuring ). [1] : 906 This is broadly defined as a synallagmatic contract between two parties, the lessor and the lessee, in terms of which one ...
The law of conveyancing in South Africa refers the legal process whereby a person, company, close corporation or trust becomes the registered and legal owner of immovable property, including improved and unimproved land, houses, farms, flats and sectional titles, as well as the registration of bonds and other rights to fixed properties, including servitudes, usufructs and the like.
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.
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 ...
The sale must take place in front of the courthouse in the district in which the attached property is situated, or at such place as the magistrate may determine. The sale must be by public auction without reserve. The property must, subject to the provisions of section 66(2) of the Magistrates' Courts Act, and to the other conditions of sale ...
Countries (in pink) which share the mixed South African legal system. South Africa has a 'hybrid' or 'mixed' legal system, [1] formed by the interweaving of a number of distinct legal traditions: a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law system inherited from indigenous Africans (often termed African Customary Law, of which ...