Pendente Lite Research Articles

Can Transferee Pendente Lite Be Made Party to a Partition Suit?

The doctrine of lis pendens is based on legal maxim “ut lite pendente nihil innovetur”, that is, during a litigation nothing new should be introduced. The doctrine of lis pendens is a doctrine based on the ground that it is necessary for the administration of justice that the decision of a court in a suit should be binding not only on the litigating parties but on those who derive title pendente lite. Section 52 of the Transfer of Property Act, 1882 (hereinafter referred to as the TPA) does not indeed annul the conveyance or transfer of immovable property which takes place pendente lite, but it rather renders the conveyance or transfer which takes place pendente lite, subservient to the rights of the parties to a litigation.

Section 103(5) of the National Credit Act 34 of 2005 as Inspired by the Common-Law in Duplum Rule (2)

It is important to keep the common-law in duplum rule in mind and make any distinctions if necessary when analyzing and interpreting section 103(5) of the National Credit Act. Cambell states in this regard that the in duplum rule can amplify section 103(5) where it is not in conflict with the National Credit Act. There is the presumption in South African law of interpretation of statutes that a statutory provision does not alter the existing common law more than clearly stated, whether expressly or by necessary implication. The Supreme Court of Appeal in the Nedbank case was requested in main to deal with the interpretation of section 103(5) of the National Credit Act and did not deal in depth with its possible impact on other legal principles underlying the common-law in duplum rule or other provisions of the National Credit Act. These include questions relating to whether the operation of section 103(5) is suspended pendente lite and the effect of a judgment after debt enforcement proceedings on section 103(5) of the National Credit Act. Another question which arises is whether there is a novation of a debt when the national consumer tribunal or a court grants a consent order in terms of section 138 read with section 86(8)(a) of the National Credit Act or a court grants a re-arrangement order in terms of section 87(1)(b)(ii) of the National Credit Act. In order to answer these questions it is important to establish the nature and effect of these orders.

Section 103(5) of the National Credit Act 34 of 2005 as Inspired by the Common-Law 'in duplum' Rule (1)

It is important to keep the common-law in duplum rule in mind and make any distinctions if necessary when analysing and interpreting section 103(5) of the National Credit Act. Cambell states in this regard that the in duplum rule can amplify section 103(5) where it is not in conflict with the National Credit Act. There is the presumption in South African law of interpretation of statutes that a statutory provision does not alter the existing common law more than clearly stated, whether expressly or by necessary implication. The Supreme Court of Appeal in the Nedbank case was requested in main to deal with the interpretation of section 103(5) of the National Credit Act and did not deal in depth with its possible impact on other legal principles underlying the common-law in duplum rule or other provisions of the National Credit Act. These include questions relating to whether the operation of section 103(5) is suspended pendente lite and the effect of a judgment after debt enforcement proceedings on section 103(5) of the National Credit Act. Another question which arises is whether there is a “novation” of a debt when the national consumer tribunal or a court grants a consent order in terms of section 138 read with section 86(8)(a) of the National Credit Act or a court grants a re-arrangement order in terms of section 87(1)(b)(ii) of the National Credit Act. In order to answer these questions it is important to establish the nature and effect of these orders.

Relief Pendente Lite in the Permanent Court of International Justice

In a noteworthy decision, rendered after the outbreak of the present war, relief pendente lite was granted by the Permanent Court of International Justice (as distinguished from its President) for the first time since the Court was established. A review of recent developments affecting that aspect of the administration of international justice according to law will therefore be timely.

Injunctions. Nature and Scope. Mandatory Injunctions Pendente Lite to Enforce Past and Future Duties under Milk Marketing Orders Denied

Injunctions. Nature and Scope. Mandatory Injunctions Pendente Lite to Enforce Past and Future Duties under Milk Marketing Orders Denied

Restraint of Trade. Injunctions. Injunction Pendente Lite Denied Where Defendants' Interference with Plaintiff's Customers Was Based on Belief in Own Title

Restraint of Trade. Injunctions. Injunction Pendente Lite Denied Where Defendants' Interference with Plaintiff's Customers Was Based on Belief in Own Title

Divorce. Interlocutory Decree. Termination by Final Decree of Decree Awarding Alimony Pendente Lite

Divorce. Interlocutory Decree. Termination by Final Decree of Decree Awarding Alimony Pendente Lite

Equity: Admissibility of Evidence Arising Pendente Lite

Equity: Admissibility of Evidence Arising Pendente Lite

Federal Jurisdiction. Removal of Causes. Assignment by Defendant "Pendente Lite" before Trial

Federal Jurisdiction. Removal of Causes. Assignment by Defendant "Pendente Lite" before Trial

Divorce: Temporary Alimony: Appeal: Support and Maintenance of Minor Child Pendente Lite

Divorce: Temporary Alimony: Appeal: Support and Maintenance of Minor Child Pendente Lite

Interstate Commerce. Interstate Commerce Commission. Jurisdiction to Enter Reparation Order against Corporation Ceasing to Be Common Carrier Pendente Lite

Interstate Commerce. Interstate Commerce Commission. Jurisdiction to Enter Reparation Order against Corporation Ceasing to Be Common Carrier Pendente Lite

Divorce. Alimony. Liability of Husband's Estate for Accrued Alimony Pendente Lite

Divorce. Alimony. Liability of Husband's Estate for Accrued Alimony Pendente Lite

Assignments. Continuation of Action in Name of Assignor after Assignment Pendente Lite. Effect of Subsequent Surrender of Assignee's Interest

Assignments. Continuation of Action in Name of Assignor after Assignment Pendente Lite. Effect of Subsequent Surrender of Assignee's Interest

Trusts. Removal of Trustee. Suspension Pendente Lite

Trusts. Removal of Trustee. Suspension Pendente Lite

Divorce. Alimony "Pendente Lite". Wife's Right Where She Has Separate Estate

Divorce. Alimony "Pendente Lite". Wife's Right Where She Has Separate Estate

Marriage and Divorce. Annulment. Alimony Pendente Lite and Counsel Fees. Suit by Relatives of Deceased Husband

Marriage and Divorce. Annulment. Alimony Pendente Lite and Counsel Fees. Suit by Relatives of Deceased Husband

Constitutional Law. Exercise of War Power. Prohibition Act. Pendente Lite

Constitutional Law. Exercise of War Power. Prohibition Act. Pendente Lite

Injunctions. Injunction Pendente Lite. Restraining Enforcement of Increased Rates

Injunctions. Injunction Pendente Lite. Restraining Enforcement of Increased Rates

Corporations: Appointment of Receiver Pendente Lite

Corporations: Appointment of Receiver Pendente Lite

Divorce: Enforcement of Order Allowing Alimony Pendente Lite

Divorce: Enforcement of Order Allowing Alimony Pendente Lite