


Civil Courts bound to decide on the validity of lease agreements
Recent amendments to the Civil Code confirm that the Civil Courts have...
Recent amendments to the Civil Code confirm that the Civil...

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
A verbal agreement following a public deed is not novation...

Special circumstances may help to change punishments
When the accused admits to charges, the Court of Criminal Appeal may change the...
When the accused admits to charges, the Court of Criminal...

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 accepted and paid
When a contractor finishes the works he or she was engaged...

Adultery has its consequences: woman made husband work lover’s field
Wife brought another man into their matrimonial home and the husband was made to live in the boxroom, then in a field and then in a garage
Wife brought another man into their matrimonial home and...

Fund administrators and trustees cannot depend on advice given by other professionals
Fund administrators and trustees of pensions funds must carry administer the investments in a diligent manner and not depend solely of what third party...
Fund administrators and trustees of pensions funds must...

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
The community of acquests may be terminated during...

Warrants enforcing executive titles may be challenged in very limited cases
Once the merits of a case have been decided, the court cannot reopen the same issues, when a warrant intended to enforce a judgement has been issued
Once the merits of a case have been decided, the court...

If you engage an incompetent person, you are responsible for damages caused
Damages caused by a incompetent contractor, will be charged to the party who engaged that contractor
Damages caused by a incompetent contractor, will be charged...

Suspension of court case in order to wait for another court case is exceptional
The Courts may be faced with a situation whether it would be best to wait for the outcome of another case
The Courts may be faced with a situation whether it would...

Administrative decisions cannot be revoked without consultation
Authorities cannot reply merely on third party complains when it revokes...
Authorities cannot reply merely on third party complains...

It’s plaintiff that must prove its case to Court’s satisfaction
The Court may rest solely on the plaintiff’s evidence, even if the...
The Court may rest solely on the plaintiff’s...

Bank revives company with the hope of receiving payment
The law provides that creditors of a company which had been struck off from the...
The law provides that creditors of a company which had been...

Academic qualifications are essential to assure professional competencies
Professionals who apply for a warrant must show that they have obtained the required academic qualifications
Professionals who apply for a warrant must show that they...

Accepting the rent irrespective breach of contract has its consequences
The fact that the lessor accepted the rent for several years, even though there was a breach of the lease conditions on the part of the lessee, has its...
The fact that the lessor accepted the rent for several...

Non observance of procedures does not necessarily annul an expropriation
Not every non observance of the procedure outlined by law, would result in the revocation of an expropriation
Not every non observance of the procedure outlined by law,...

Financial Adviser’s position may be a material fact in a financial services complaint
The fact that an investor is also an investment adviser, has bearing on the fact that he took decisions that he was well aware of the risks that were being...
The fact that an investor is also an investment adviser,...

The importance of signatures in tender bids
The signatures required in bids for tenders are important because a tender is a...
The signatures required in bids for tenders are important...