South African Law/Cession
Welcome[edit | edit source]
Welcome to "Cession in South African Law" I hope you find the content useful. This course is aimed at University Students doing an postgraduate LLB. It is a 1/2 course.
Principle works cited[edit | edit source]
- The Main reference is: Susan Scott: Cession for Students. Juta & Co 1997. The course outline will loosely follow her work, and the intention is to cover the following aspects.
- Case law from the South African Law Reports.
Course content[edit | edit source]
The course content will be broken into various chapters or lessons and will cover the following:
- Cession in South African Law: An introduction to cession - 2. -
- A brief overview of cession
- Background history and the need for cession.
- The problem with cession.
- Cession in South African Law: Classification of cession - 3. -
- The Definition of cession.
- Various agreements distinguished.
- Cession in South African Law: The claim or object of cession - 4.
- Description of the claim.
- Transferrability of claims.
- Future and contingent claims.
- Delictus Personae.
- Agreements prohibiting the transfer of claims.
- Validity requirements -
- Formalities in cession agreements.
- The doctrine of all effort.
- The causa.
- Notice to the Debtor -
- Locus standi -
- Remedies and defences -
- Cessions in securitatem debiti -
- The distinction between cessions and pledges -
- Drafting and drawing.
- Cession in South African Law: Case law
Practical examples and questions will also be given.
This is not a substitution for a university course and university exemptions are not given. It is an adjunct to study and may provide a simplified outline of what is covered in any university course on the subject.