On the other hand, contract law in the Netherlands is based on laws on guns and nature. When she took the canonist position, it was said that all treaties were an exchange of promises that were consensual and bonae fidei, that is, simply based on mutual consent and good faith. From the point of view of Christians, that it is a sin to break the promise, the church`s lawyers have developed the principle of pacta sunt servanda, according to which all serious agreements must be applied, that strict formalities, as prescribed by secular law, have been respected.  According to the theory of the cause, in order to be binding, the treaty had to have an iusta causa or a legitimate ground that corresponded to Christian moral imperatives and which derives not only from a legitimate or just right, title or motive, but also from love and affection, moral consideration or past services.  A nudum pactum has been redefined as any agreement that, for lack of cause, is not applicable. All these principles have been applied uniformly by European ecclesiastical courts. While the oral contract remains, in certain circumstances, an appropriate agreement for the sale of real estate, a written contract is an essential criterion under South African law. As a general rule, South African law recognizes oral agreements. There are a few exceptions. For example, a sale of real estate must be made in writing, as well as a pre-marriage agreement. But unless there is a legal provision to say otherwise, oral agreements are theoretically as binding as they are written. Theoretically. The problem is that oral agreements are accompanied by many problems.
The occupants of the property refused to evacuate the property at the time of the transfer and, when the new owner requested its disposal, they stated that in 2007 they had agreed orally with the original owners that after concluding several specific expenses, they would enter into a formal purchase agreement with the original purchaser for the purchase of the property. Therefore, any electronic communication is as restrictive as formal written agreements on paper. Remember that in our law you are generally bound to what you accept orally; Real estate sales are one of the few exceptions specific to this principle. The solution is simple. Try, as far as possible, to avoid transactions through the oral agreement. Written chords are always far, much better. If you are puzzled as to where you will find a written agreement document, go to online agreements and browse the presentation contracts and agreements we have in our shop. Some agreements require written agreements or contracts to be concluded and signed, such as. B cancellation contracts, the sale of real estate and wills, to name a few. In the case of a tenancy agreement, a written contract is highly recommended, as it contains details on important conditions such as the amount of monthly rent, the notice period required as well as the condition of the property and the maintenance requirements of both landlords and tenants. It is customary for disputes to arise as to the responsibility to manage certain expenses and commitments. A written lease simply resigns the absence of error and clearly defines the details on which all parties can refer when needed.
Contract law in South Africa is « essentially a modernized version of Roman-Dutch contract law », itself rooted in canonical and Roman laws.