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The validity of a deed of suretyship in instances where the principal loan agreement is invalid

An analysis of the accessory nature of the suretyship agreement particularly in instances where the principal agreement to which it attaches is invalid. The mini-dissertation considers the decision of the Constitutional Court in Shabangu v Land and Agricultural Development Bank of South Africa and Others where it was found that on the facts brought before it, the deed of suretyship concluded between the creditor and the surety was invalid as a result of the principal agreement also being invalid. This judgment will be critically considered and compared to Panamo Properties 103 (Pty) Ltd v Land and Agricultural Development Bank of South Africa. / Mini Dissertation (LLM (Mercantile Law))--University of Pretoria, 2020. / Mercantile Law / LLM (Mercantile Law) / Unrestricted

Identiferoai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:up/oai:repository.up.ac.za:2263/77334
Date January 2020
CreatorsSwandle, Lungile
ContributorsBrits, Reghard, lv.swandle@gmail.com
PublisherUniversity of Pretoria
Source SetsSouth African National ETD Portal
LanguageEnglish
Detected LanguageEnglish
TypeMini Dissertation
Rights© 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria.

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