by Candi Ferreira | Oct 19, 2026 | Legal Speak
“Mandament van spolie” An old Dutch law remedy, the mandament van spolie or spoliation order, is a quick remedy if someone dispossesses you of something unlawfully. It’s all about preventing people from taking the law into their own hands. The court isn’t...
by Candi Ferreira | Sep 22, 2026 | Legal Speak
This old legal concept, meaning literally “the law of the domicile of the marriage”, addresses a fundamental question facing courts when marriages involve multiple jurisdictions: “which country’s laws apply to this marriage?” If, for example, one spouse holds Canadian...
by Candi Ferreira | Aug 25, 2026 | Legal Speak
“Restitutio in Integrum” An ancient Roman law remedy literally meaning “restoration to the original state”, restitutio in integrum aims to restore people, as far as possible, to the position they would have been in if a wrongful act or transaction hadn’t...
by Candi Ferreira | Jul 27, 2026 | Legal Speak
“Dormant Trust” You will see and hear the phrase “dormant trust” bandied about a lot, normally in relation to what ongoing duties the trustees of non-active trusts do and don’t have. Be warned that SARS says that there is no such legal concept as a “dormant trust” and...
by Candi Ferreira | Jun 22, 2026 | Legal Speak
Legal Speak Made Easy The “Aedilitian Remedies” A common sense principle inherited from early Roman law is that the buyer of an item discovering a latent (hidden) defect in it after the sale has a choice of remedies: either cancel the sale and return the item to the...
by Candi Ferreira | May 21, 2026 | Legal Speak
Legal Speak Made Easy FICA v RICA We’ve all grumbled about being endlessly FICA’d and RICA’d. “Waste of time,” we mutter as we wade through all the red tape yet again. Compliance certainly is a hassle, but don’t blame the bank, service provider or conveyancer who asks...
