Status Of Settlement Agreement In Cancellation Proceedings

The role of the judge listening to the motion is to review the evidence and hear oral testimony. In addition, the judge may also take into consideration actual disputes relating to the transaction. If the judge finds that the settlement is sound in his conditions, he may render a judgment in accordance with these conditions. “We have often stressed that the court is not a register of obligations. When persons enter into an agreement, the debtor`s remedy is to sue the agreement, obtain a judgment and enforce it.┬áThese are the words of the bank full more than 66 years ago in Mansell against Mansell in 1953 (3) SA 716 (N) to 721. This is in line with the generally accepted principle that there are courts to resolve concrete controversies and actual violations of rights, not to express oneself on abstract issues or to deliberate, regardless of their importance, in the event of different assertions. However, a mere inconvenience in compliance with the contractual conditions is not sufficient as a valid reason for the performance of the contract. This means that any breach of the agreement would trigger a non-compliance procedure, with consequences such as imprisonment and violation of the Constitution, which go beyond the remedies for infringement already available before the parties initiated a dispute settlement procedure. . . .

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