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Vorderingsregte as sekerheidsobjektesekerheidsessies of notariele verbande?Dekker, Louise January 1997 (has links)
Text in Afrikaans / Die doel van saaklike sekerheidstelling is om 'n saak as eksekusievoorwerp tot die beskikking van die
kredietgewer te stel. Vorderingsregte as sekerheidsobjekte voldoen hieraan en moet daarom as deel van die
saakbegrip beskou word. Vorderingsregte word in die praktyk as sekerheidsobjekte aangewend of by wyse
van sekerheidsessies of deur middel van die registrasie van 'n notariele verband daaroor. Alhoewel die
regspraak by sekerheidsessies voorkeur gee aan 'n verpandingskonstruksie, is Scott van mening dat 'n
algehele sekerheidsessie nog moontlik is. Die toepassing van die verpandingskonstruksie lewer aanvaarbare
resultate en voldoen meestal aan die kontrakterende partye se behoeftes. Die vereiste van publisiteit by
pandreg sal egter in sekere gevalle nie vir die partye aanvaarbaar wees nie en kan algehele sekerheidsessies
hier 'n oplossing bied. By notariele verbande is die bestaande posisie ingevolge waarvan 'n onderskeid
gemaak word tussen liggaamlike en onliggaamlike sake as sekerheidsobjekte, onuithoudbaar en is
wetgewing in die verband nodig.
The aim of real security is to have objects available to a creditor for execution. Personal rights may be used for this purpose and should therefore be included in the definition of property. In practise claims (personal rights) are used as security objects by way of a security cession or through the registration of a notarial bond
over the claims. Although the courts give preference to personal rights in security by way of pledge, Scott is of the opinion that these decisions do not exclude out-and-out security cessions. The results that application of the law of pledge causes, are acceptable and will mostly fulfil the need of the parties. In certain situations the requirement of publicity will however be unacceptable in which instance out-and-out security cessions
may be the solution. The current position where a distinction is made between corporeal and incorporeal property as security objects, is unacceptable and legislation is needed in this regard. / Private Law / LL.M.
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Vorderingsregte as sekerheidsobjektesekerheidsessies of notariele verbande?Dekker, Louise January 1997 (has links)
Text in Afrikaans / Die doel van saaklike sekerheidstelling is om 'n saak as eksekusievoorwerp tot die beskikking van die
kredietgewer te stel. Vorderingsregte as sekerheidsobjekte voldoen hieraan en moet daarom as deel van die
saakbegrip beskou word. Vorderingsregte word in die praktyk as sekerheidsobjekte aangewend of by wyse
van sekerheidsessies of deur middel van die registrasie van 'n notariele verband daaroor. Alhoewel die
regspraak by sekerheidsessies voorkeur gee aan 'n verpandingskonstruksie, is Scott van mening dat 'n
algehele sekerheidsessie nog moontlik is. Die toepassing van die verpandingskonstruksie lewer aanvaarbare
resultate en voldoen meestal aan die kontrakterende partye se behoeftes. Die vereiste van publisiteit by
pandreg sal egter in sekere gevalle nie vir die partye aanvaarbaar wees nie en kan algehele sekerheidsessies
hier 'n oplossing bied. By notariele verbande is die bestaande posisie ingevolge waarvan 'n onderskeid
gemaak word tussen liggaamlike en onliggaamlike sake as sekerheidsobjekte, onuithoudbaar en is
wetgewing in die verband nodig.
The aim of real security is to have objects available to a creditor for execution. Personal rights may be used for this purpose and should therefore be included in the definition of property. In practise claims (personal rights) are used as security objects by way of a security cession or through the registration of a notarial bond
over the claims. Although the courts give preference to personal rights in security by way of pledge, Scott is of the opinion that these decisions do not exclude out-and-out security cessions. The results that application of the law of pledge causes, are acceptable and will mostly fulfil the need of the parties. In certain situations the requirement of publicity will however be unacceptable in which instance out-and-out security cessions
may be the solution. The current position where a distinction is made between corporeal and incorporeal property as security objects, is unacceptable and legislation is needed in this regard. / Private Law / LL.M.
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Simulated contracts and the transfer of ownership as a form of real security in South African lawTerblanche, Francis Stephen 10 1900 (has links)
Money lenders frequently use sale and lease back agreements as an
alternative to other more conventional forms of security. These
agreements are popular because they are simple and inexpensive to put
in place. Unfortunately, South African courts give legal effect to the true
intention of contracting parties. Sale and lease back agreements are
often held to be simulated contracts and as such they are enforced as
disguised pledges. One of the few alternative security options available to
money lenders, is a notarial bond registered in terms of the Security By
Means of Movable Property Act 57 of 1993. This act has been criticised
for creating an ineffective form of security that is costly and cumbersome
to put in place. It is suggested that the current security options available
to money lenders are supplemented with the creation of a more user
friendly public register for the registration of security interests. / Private Law / LL.M.
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A comparison of Kenyan and South African law on security by means of movablesKoli, Natasha Mwende 16 October 2015 (has links)
This study compares the legal principles applicable in both South Africa and Kenya in the creation of security by means of movables. It identifies the forms of security that can be created in the two jurisdictions. The main focus will be on the creation, publicity, priority of security interest and enforcement of the said interests. The research will in addition establish the challenges (if any) that are encountered when creating security by means of movables in Kenya and identify practical solutions that can be adopted in order to improve the creation of security by means of movables in Kenya. / Private Law / LL. M. (Property Law)
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Simulated contracts and the transfer of ownership as a form of real security in South African lawTerblanche, Francis Stephen 10 1900 (has links)
Money lenders frequently use sale and lease back agreements as an
alternative to other more conventional forms of security. These
agreements are popular because they are simple and inexpensive to put
in place. Unfortunately, South African courts give legal effect to the true
intention of contracting parties. Sale and lease back agreements are
often held to be simulated contracts and as such they are enforced as
disguised pledges. One of the few alternative security options available to
money lenders, is a notarial bond registered in terms of the Security By
Means of Movable Property Act 57 of 1993. This act has been criticised
for creating an ineffective form of security that is costly and cumbersome
to put in place. It is suggested that the current security options available
to money lenders are supplemented with the creation of a more user
friendly public register for the registration of security interests. / Private Law / LL.M.
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A comparison of Kenyan and South African law on security by means of movablesKoli, Natasha Mwende 16 October 2015 (has links)
This study compares the legal principles applicable in both South Africa and Kenya in the creation of security by means of movables. It identifies the forms of security that can be created in the two jurisdictions. The main focus will be on the creation, publicity, priority of security interest and enforcement of the said interests. The research will in addition establish the challenges (if any) that are encountered when creating security by means of movables in Kenya and identify practical solutions that can be adopted in order to improve the creation of security by means of movables in Kenya. / Private Law / LL. M. (Property Law)
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A legal comparison of a notarial bond in South African law and selected aspects of a pledge without possession in Belgian lawNtsoane, Lefa Sebolaisi 24 February 2017 (has links)
A real security right improves a creditor’s chances of recovering a debt owed to him by the debtor. In the case of an ordinary pledge, the pledgor delivers physical control of his movable property to his creditor to serve as security for the repayment of the principal debt. The increasing value and use of movable property as an object of security coupled with technological advancement have resulted in many countries calling for legal reform of real security rights over movable property. In South Africa this led to the introduction of the Security by Means of Movable Property Act 57 of 1993 which makes provision for a pledge without possession. The Act regulates only special notarial bonds and does not apply to general notarial bonds. The real security right vests in the bondholder upon registration of the bond, provided that the movable property encumbered is described in a notarial bond in a way that makes it readily recognisable. The Act has substituted delivery with registration in the Deeds Registry. Registration of the notarial bond in the Deeds Registry is questioned as to whether it complies with the publicity principle. This is because movable property can be shifted from one place to another without any knowledge on the part of the creditor due to the inaccessible and costly registration system. The third party then receives the property subject to the real security right of the creditor. The substitution of delivery with registration is the controversial feature in this study. Linked to the legal problems regarding compliance with the publicity principle, is the description and identification requirement as provided for under the Act, the exclusion of general notarial bonds from the application of the Act, and the question of whether it is appropriate to regard special notarial bonds as pledges without possession. This study questions whether the current land registry system should be used for the registration of notarial bonds and suggests that a new system designed specifically for the registration of real security rights over movables be considered. I compare the position in the Belgian legal system as regards developments in real security rights over movables to identify possible solutions and recommendations for the South African approach. / Private Law / LL. M.
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