Results 1 to 5 of 5

Thread: Registration of Contracts

  1. #1
    Email problem
    Join Date
    May 2011
    Location
    Pretoria
    Posts
    45
    Thanks
    0
    Thanked 5 Times in 3 Posts

    Registration of Contracts

    I am trying to find out why some contracts like an anc has to be registered at the deeds office and others not. Does a contract that is registered at the deeds office carry more weight than one signed on the kitchen table and locked away in a safe? What kinds of contracts have to be registered?

    Maybe legislation prescribes that a certain type of contract has to be registered, but what is the reasoning behind it?

    Anyone here who can assist me? I will really appreciate it.

  2. #2
    Email problem
    Join Date
    May 2011
    Location
    Pretoria
    Posts
    45
    Thanks
    0
    Thanked 5 Times in 3 Posts
    Is there no-one who can help me with this?

  3. #3
    Site Caretaker Dave A's Avatar
    Join Date
    May 2006
    Location
    Durban, South Africa
    Posts
    20,981
    Thanks
    3,056
    Thanked 2,463 Times in 2,068 Posts
    Blog Entries
    12
    You got me in the first sentence:

    Quote Originally Posted by apprepcen View Post
    I am trying to find out why some contracts like an anc has to be registered at the deeds office and others not.
    I'm married under ANC and as far as I know that was notarised, not registered at the deeds office.

    Anyhow, a little patience and I'm sure someone will clear it up.
    The trouble with opportunity is it normally comes dressed up as work.

  4. #4
    Platinum Member sterne.law@gmail.com's Avatar
    Join Date
    Oct 2009
    Location
    Durban
    Posts
    1,328
    Thanks
    38
    Thanked 561 Times in 410 Posts
    Blog Entries
    7
    Certain things do need to be notarised by law and otehrs are optional.
    Perhaps the best way to describe it is that the Notary office is, in essence, a public access entity. Notarised documents are then considered public knowledge, hence third parties cant cry foul, for want of a better description.
    This does not mean that third parties do not have claims. Eg a ANC that is not registered does not mean that a third party can not claim from either spouse.
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

  5. Thanks given for this post:

    Dave A (29-Jun-11)

  6. #5
    Platinum Member sterne.law@gmail.com's Avatar
    Join Date
    Oct 2009
    Location
    Durban
    Posts
    1,328
    Thanks
    38
    Thanked 561 Times in 410 Posts
    Blog Entries
    7
    Last part of my previous post not as clear as should be. In terms of an anc, if it is not notarised it is merely a form of contract between the 2 parties, ie husband and wife. Third parties are not bound, that is for all intents and purposes the marriage is in community of property. It is most unusual for the anc not to be registered.
    Last edited by sterne.law@gmail.com; 30-Jun-11 at 08:32 AM.

Similar Threads

  1. Consumer Protection Act - Contracts
    By sterne.law@gmail.com in forum Consumer Protection Act Forum
    Replies: 8
    Last Post: 26-Jun-11, 02:50 PM
  2. emails and contracts
    By murdock in forum Technology Forum
    Replies: 2
    Last Post: 10-Nov-10, 09:18 PM
  3. Lost Contracts
    By shaunshaun in forum General Regulatory Compliance Forum
    Replies: 2
    Last Post: 08-Jul-09, 09:53 AM
  4. [Question] Employment Contracts
    By Singhms in forum General Business Forum
    Replies: 0
    Last Post: 14-May-09, 11:37 AM
  5. Bribes for contracts
    By Dave A in forum General Business Forum
    Replies: 0
    Last Post: 28-May-08, 07:13 AM

Did you like this article? Share it with your favourite social network.

Did you like this article? Share it with your favourite social network.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •