ARE AGREEMENTS TO AGREE ENFORCEABLE IN THE ABSENCE OF A DEADLOCK-BREAKING MECHANISM?

PART 2 [update to our article: http://themislawchambers.co.za/agreements-agree-parties-obligation-negotiate-good-faith/ due to the legal position following a new case] Agreements to agree (Pacta de Contrahenda) are generally regarded as a kind of contract which has the purpose of creating an agreement in the future. Parties to an agreement may not be able to agree on some of the…

CAN COUPLES CONTRACT OUT OF THEIR MARITAL REGIME?

Introduction In a day and age where uncertain times seem to be the only constant, many married couples are faced with the question of whether their marital regime best serves them, and if not, then whether they can merely agree for it to change?     Recent Case Law In the recent matter of Anita…

REGULATIONS – ALERT LEVEL 4 SUMMARY

COVID-19 REGULATIONS: 5-LEVEL FRAMEWORK Pursuant to the easing of the national lockdown effective from 24h00 on 30 April 2020, the President of the Republic of South Africa has announced that South Africa will adopt a 5-level staggered approach to re-opening the economy and easing the restrictions on public movement. On 29 April 2020 regulations were…

IS IT POSSIBLE TO RESTRUCTURE YOUR COMPANY’S DEBT?

In these challenging economic conditions, it is important for directors of a company to know that there are options available to the company besides liquidation or business rescue. It is also possible for a company to restructure its debt by entering into a compromise or arrangement (“compromise”) with its creditors. The normal options such as…