Esheria South Africa Case Law
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South Africa Case Law

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Land And Property [2006] ZAECHC 37

Van Aardt v Van Aardt (342/05)

Van Aardt v Van Aardt (342/05) [2006] ZAECHC 37; 2007 (1) SA 53 (E) (10 August 2006)

Court
High Courts - Eastern Cape
Case number
342/05
Judges
Jones, Pickering, Malopa

A full bench held that a deferred sale of farms to a brother or his descendants was a prohibited pactum successorium and unenforceable.

  • Pactum Successorium
  • Sale Of Land
  • Uncertainty Of Purchaser Identity
  • Testamentary Freedom
  • Contract Interpretation
  • Pactum-successorium
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.