Scholtz v Scholtz (4958/2008)
Scholtz v Scholtz (4958/2008) [2011] ZAWCHC 125; 2012 (1) SA 382 (WCC) (2 February 2011)
The court held that the deed of donation failed to comply with section 5(1) of the General Law Amendment Act 50 of 1956 because it did not define the extent of the defendant's ownership, nor did it address the rights of the bondholder. The property was encumbered by a mortgage bond, and the written agreement did not specify how the bond would be dealt with or whether the plaintiff would assume any obligations. The omission created uncertainty and vagueness in the essential terms of the donation. The court found that certainty in transactions involving donations of immovable property requires…
Source excerpt
- Donation Stante Matrimonio
- Specific Performance
- Mortgage Bond Encumbrance
- Essential Terms Of Contract
- Invalidity Of Donation
- Section 5 General Law Amendment Act