Spelling suggestions: "subject:"negotiable instruments -- south africa"" "subject:"negotiable instruments -- south affrica""
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Stories of city strife in Johannesburg: agonism in local democracy and service deliveryPernegger, Li January 2016 (has links)
This thesis has been submitted in fulfilment of the requirements for the degree of Doctor of Philosophy to the Faculty of Engineering and the Built Environment of the University of the Witwatersrand, Johannesburg, 2016 / This study assesses agonism's practical possibilities for constructive, rather than destructive, outcomes arising from state-society strife, by drawing on the case of the Johannesburg city administration. / GR2017
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The non transferable cheque and the liability of the collecting and drawee banksPapadopoulos, John 12 1900 (has links)
The paper is an attempt to deal with the non-transferable cheque. Three
questions have been addressed:
(a) Whether sections 58, 79 and 83 apply to non-transferable cheques;
(b) whether the non-transferability of a cheque implies only that a
cambial transfer is excluded, but transfer by means of a ordinary cession
is still possible;
(c) whether the collecting and drawee banks can be held liable for
damages to the owner of a non-transferable cheque.
(a) It is clear that section 58 does not apply to non-transferable cheques.
After the decision in Eskom, it is also clear that section 79 does apply to
such cheques. Regarding the applicability of section 83 to
non-transferable cheques, there is uncertainty.
(b) Whether the rights arising from a non-transferable cheque can be
transferred by means of an ordinary cession, it is not yet clear.
(c) That a collecting bank can be held delictually liable under the
extended lex Aquilia was decided in lndac Electronics. By way of
analogy, the same applies to a drawee bank acting negligently. / Mercantile Law / LL.M.
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The non transferable cheque and the liability of the collecting and drawee banksPapadopoulos, John 12 1900 (has links)
The paper is an attempt to deal with the non-transferable cheque. Three
questions have been addressed:
(a) Whether sections 58, 79 and 83 apply to non-transferable cheques;
(b) whether the non-transferability of a cheque implies only that a
cambial transfer is excluded, but transfer by means of a ordinary cession
is still possible;
(c) whether the collecting and drawee banks can be held liable for
damages to the owner of a non-transferable cheque.
(a) It is clear that section 58 does not apply to non-transferable cheques.
After the decision in Eskom, it is also clear that section 79 does apply to
such cheques. Regarding the applicability of section 83 to
non-transferable cheques, there is uncertainty.
(b) Whether the rights arising from a non-transferable cheque can be
transferred by means of an ordinary cession, it is not yet clear.
(c) That a collecting bank can be held delictually liable under the
extended lex Aquilia was decided in lndac Electronics. By way of
analogy, the same applies to a drawee bank acting negligently. / Mercantile Law / LL.M.
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