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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.
The Companies and Intellectual Property Commission (CIPC) is an agency of the Department of Trade, Industry and Competition in South Africa. [1] The CIPC was established by the Companies Act, 2008 (Act No. 71 of 2008) [2] as a juristic person to function as an organ of state within the public administration, but as an institution outside the public service.
It does not, however, effect the transfer, which is accomplished by the real agreement (the concurring intentions of the parties to make and receive transfer of ownership). If the underlying contract is invalid, ownership nonetheless passes, because South African law adheres to the abstract rather than the causal system of transfer.
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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.
The website at the time of this transition carried approximately 700 judgments from South Africa and Namibia. SAFLII is currently in operation from within the Department of Public Law at the University of Cape Town and has been there from December 2013. SAFLII became a member of the Free Access to Law Movement at the Law Via the Internet ...
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