Civil Proceedings

Question 1

What are the four civil proceedings one may enter into?

Answer 1

1. When there is no violation of a subjective right.
2. To prevent damage or injury.
3. when making damages or injury good.
4. Claiming specific performance.

Question 2

1. Obtaining a declaratory order.

Answer 2

• A party will approach the court for a declaratory order in order to gain clarity on a matter , thus there is no direct violation of a subjective right.
• eg: Dean passes away and leaves his estate to his children, his wife is pregnant at the time of his death.
• in this case, the executor of the estate will approach the court for a declaratory order to gain clarity on whether or not the unborn child will be entitled to the estate.
• A declaratory order can also be granted when a party approaches the court to presume an individual dead after they have been missing for a long time.

Question 3

2. To prevent damages/injury

Answer 3

• this occurs when there is a threatening violation of a subjective right.
  EG: You can approach the court for an interdict and if you are in a Domestic abuse situation, you may approach the court for an interdict and a protection order.

Question 4

3. To make damage/injury good

Answer 4

• Occurs when a violation has occurred causing damage or injury.
• Damages can be claimed from the wrongdoer.
  EG: Shila and Jean are in a car accident.

Question 5

4. To claim specific performance

Answer 5

• occurs mostly through contractual agreements.

- both parties are able to pursue civil proceedings if one or the other has breached the contract.