Family Law Best interest of minors should prevail The concept of best interest of a minor should prevail in situations of care, custody, access and maintenance. This was held in a judgment delivered…Marthese HiliNovember 17, 2023
Civil Law A legal contract of works shall have the force of law, with no room for interpretation when the terms of agreement are clear The cardinal principle that governs a contract remains that the contractual obligation must be respected, and that it is the will of the contracting parties…MMA EditorOctober 6, 2023
Civil LawProperty Law Majority co-owners may sell property if all conditions are fair The Court must be satisfied that the minority of co-owners of a property will not be prejudiced with the sale of their property by the…MMA EditorFebruary 7, 2023
Civil LawProperty Law Representation in a contract must be indicated If a party is representing another party in an agreement or a contract must be indicated to the Parties.Marthese HiliMay 8, 2022
Property Law Parties may not follow through on promise-of-sale if earnest (kapparra) is paid If the purchaser pays earnest (kapparra) the parties may not contract the sale, however, the payment will have to be refunded or else the vendor…MMA EditorApril 24, 2022
Property Law Owners have a right to visit rented property The law provides the right for owners to visit the rent property after reaching an agreement with the tenants. This was held in judgement delivered…MMA EditorJanuary 30, 2022
Civil LawProperty Law Civil Courts bound to decide on the validity of lease agreements Recent amendments to the Civil Code confirm that the Civil Courts have jurisdiction to decide on whether a lease agreement is valid or not. This…MMA EditorJanuary 16, 2022
Civil Law 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. This was held by Judge Miriam Hayman…MMA EditorJanuary 9, 2022
Civil Law Second wife of a few months is entitled to reserved portion after the death of the husband The law provides that the widow of a divorced husband is entitled to receive her full share of the reserved portion. This was held in…Marthese HiliApril 25, 2021
Commercial Law Prescription period starts upon last entry of the account A commercial account between two companies starts not when the order was effected but when the account is liquated. This was held in a judgement…MMA EditorMarch 28, 2021