•   Hunts End Office Park, Sandton, Johannesburg
  •   +27 11 218 8110
  •   info@disiena.co.za
Search
Login
Di Siena Attorneys - Commercial Litigation | Family Law | Labour Law | Contract Law | Tax Litigation | Criminal Law
  • Home
  • The Firm
    • -About Di Siena Attorneys
    • -About Our Team
    • -Client Testimonials
  • Services
    • -Commercial Litigation
    • -Family Law
    • -Labour Law
    • -Contract Law
    • -Tax Litigation
    • -Criminal Law
  • Differentiators
  • Client Space
    • -Legal News
  • Contact Us

Recent Articles:

  • 11/1/2016
    Judicial Oversight of Emoluments Attachment Orders
  • 7/27/2016
    Termination of Supply and Execution Against Immovable Property For a Prior Owners Debt
  • 7/6/2016
    Warnings Over New Accounting Rules
  • 6/3/2016
    Claims Based on Universal Partnerships in Divorce Matters
  • 5/18/2016
    Automatic Termination Provisions in Employment Contracts
  • 5/11/2016
    Forfeiture of Benefits Upon Divorce and its Constitutionality
  • 3/17/2016
    Statutory Prescribed Rate Of Interest
  • 3/11/2016
    Despite the Voetstoots clause, contracts can be cancelled
  • 3/4/2016
    Are Email Disclaimers of Any Importance?
  • 2/15/2016
    The Duty of Good Faith Towards An Employer And The Duty to Disclose
Subscribe

Claims Based on Universal Partnerships in Divorce Matters

  • by Di Siena Attorneys

Claims based on tacit universal partnerships are frequently encountered in divorce litigation, where the spouses where married to each other out of community of property with the exclusion of the accrual system. In the case of RD v TD 2014 (4) SA 200 (GP), the court reiterated the distinction drawn between two kinds of universal partnership. Firstly, societas universorum bonorum, by which the parties agree to put in common all their property, present and future.

Secondly, societas universorum quae ex quaestu veniunt, where the parties agree that everything they acquire from a commercial undertaking, will be property of the partnership. The court concluded that where spouses carry on a bona fide business and the essential elements to create a partnership agreement are present, a partnership exists. It was held that this would not necessarily contradict the terms of an antenuptial contract, nor would it constitute an attempt to amend the parties’ antenuptial contract. Therefore the provisions of an antenuptial contract (excluding community of profit and loss) would preclude the existence of a societas universorum bonorum, but not necessarily a societas universorum quae ex quaestu veniunt.

Designed by Think Aspects : Terms Of Use : Privacy Statement

Quick Contact:

  +27 (0) 11 218 8110
  +27 (0) 86 210 0041
  info@disiena.co.za

Service Index:

  Commercial Litigation
  Family Law
  Labour Law
  Contract Law
  Tax Litigation
  Criminal Law

Social Media:

  

Latest Articles:

  • 11/1/2016
    Judicial Oversight of Emoluments Attachment Orders
  • 7/27/2016
    Termination of Supply and Execution Against Immovable Property For a Prior Owners Debt
Designed by Think Aspects : Terms Of Use : Privacy Statement