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acceptance acquires action agent agreement alienate amount antenuptial contract Bank benefit binding breach Bros Buch Bulawayo Cape Town cession claim common law consent consequently constitute Corporation court creditor damages death debt debtor deceased defendant delict delivery donation duty entitled Estate example Executors fact fideicommissary fideicommissum follows grant Grotius heir husband hypothec Ibid immovable property injury insolvent interest intestacy Johannesburg land latter lease legal capacity legal effect lessee liable loss Mackeurtan marriage married Master Menz Merwe minor mortgage movable Municipality Natal nature necessary negligence notarial obligation Orange Free owner ownership parties partnership payment plaintiff Port Elizabeth possession Pothier Pretoria principal purchaser real right registration Roman law Roman-Dutch Law rule S.A. Railways Schorer servant servitude South Africa spouse statute Steyn surety thing third person Town Council transfer Transvaal treated Trustee Union Government unless usufruct valid vested Voet Wessels wife