Khuphe and Chijara Law Chambers

Khuphe and Chijara Law Chambers Contact information, map and directions, contact form, opening hours, services, ratings, photos, videos and announcements from Khuphe and Chijara Law Chambers, Immigration Lawyer, Harare.

05/08/2022

For convenience we are now at Sam Levy Village, 1 Piers Road Borrowdale,Harare

A boutique Corporate Law firm that handles all your legal needs to your satisfaction
05/08/2022

A boutique Corporate Law firm that handles all your legal needs to your satisfaction

15/06/2018

HAVE YOU EVER SIGNED AN AGREEMENT WITH A FINANCIAL INSTITUTION WITHOUT FULLY UNDERSTANDING SOME OF THE TERMS CONTAINED THEREIN
"by Ryan Dingley

In many cases we find that our clients are asked by their bankers and financial institutions or in the ordinary course of entering into an agreement to renounce the legal exceptions non numeratae pecuniae, non causa debiti, error calculi, revision of accounts and no value received, and to waive the benefit of excussion, division et divisionis and in certain cases that of de duobus vel pluribis reis debendi.

The following is a simplified explanation of the meaning and effect of the renunciation of exceptions and benefits and is provided for information purposes in order to assist our clients to understand the effect of the legal terminology:

Renunciation of benefits

A renunciation of the following benefits entitles the financial institution to recover the full debt from the person who renounced these benefits and applies in situations where there is a debtor and a surety and/or co-or joint debtors.

Beneficium ordinis seu excussionis

A waiver of this benefit by a surety entitles the financial institution to claim payment from the surety without first exhausting the legal remedies against the principal debtor.

Beneficium de duobus vel pluribus reis debendi

A waiver of this benefit by a co-debtor or surety entitles the financial institution to recover the full debt from such co-debtor’s surety, without first requiring payment from the other debtor or the principal debtor.

Beneficium divisionis

A waiver of this benefit by a co-surety entitles the financial institution to recover the full debt owed by the principal debtor against that surety

Renunciation of exceptions

The renunciation of a legal exception will not preclude such exception from being raised as a defence to anyone in the event that a dispute arises or legal proceedings are instituted. However, should an exception be raised as a defence by any party after waiving such exception, then the onus of proving that such exception and the relevant facts relating thereto, will lie with that party.

Exceptio non causa debiti

The purpose of renouncing exception is to place the onus of proving the absence of a cause of debt on the debtor.

Exceptio errore calculi

This is the defence that the amount claimed has been incorrectly calculated

Exceptio non numeratae pecuniae

This is the defence that moneys claimed were in fact never advanced to, or received by or on behalf of the debtor.

15/06/2018

PROPERTY RIGHTS IN IMMOVABLE PROPERTY BY
MARTIN CHIJARA OF KHUPHE AND CHIJARA LAW CHAMBERS

The purpose of this article is to identify the rights which vest in individuals relating to immovable property.It is necessary to define the term property from the onset. However, the subject of property is wide to the extent that it constitutes a branch of law on its own. A narrow definition is found in the Blacks Law Dictionary which defines property as a right to possess, use and enjoy a determinate thing. It is also necessary to define a right, just as in the case of property, a right constitutes a broad area of study, but for the purpose of this article it will suffice to define it as something that is due to a person by just claim or legal guarantee the existence of which permits the holder to do certain things and forbids non holders from doing certain things. The most important aspect of a right is that it must be guaranteed and recognised as such.

It is also necessary to distinguish movable from immovable property. the simple distinction is that movable property can be moved which is not the case with immovable property that is land. Immovable property is held in this country in two ways namely government ownership and private ownership. On privately owned property people have two categories of rights which are available namely real rights and personal rights. Real rights are defined in the section 2 of the Deeds Registry's Act as “real right” means any right which becomes a real right upon registration. This definition is not too useful a better definition is that a holder of such a right has unlimited rights to use and to alienate the property this is also referred to as freehold title. In view of the definition in the Act such right has to be captured in a title deed.Personal rights on the other hand are limited to the use of the property for example leasehold title. In short you are not the owner of immovable property if you have no title to the land

Address

Harare

Opening Hours

Monday 08:00 - 17:00
Tuesday 08:00 - 17:00
Wednesday 08:00 - 17:00
Thursday 08:00 - 17:00
Friday 08:00 - 17:00
Saturday 08:00 - 17:00
Sunday 08:00 - 17:00

Telephone

+26344433313

Website

Alerts

Be the first to know and let us send you an email when Khuphe and Chijara Law Chambers posts news and promotions. Your email address will not be used for any other purpose, and you can unsubscribe at any time.

Contact The Practice

Send a message to Khuphe and Chijara Law Chambers:

Shortcuts

Share

Category