South African Law/Cession

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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]

  1. 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.
  2. 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:

  1. 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.
  2. Cession in South African Law: Classification of cession - 3. -
    • The Definition of cession.
    • Various agreements distinguished.
  3. 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.
  4. Validity requirements -
    • Formalities in cession agreements.
    • The doctrine of all effort.
    • The causa.
  5. Notice to the Debtor -
  6. Locus standi -
  7. Remedies and defences -
  8. Cessions in securitatem debiti -
  9. The distinction between cessions and pledges -
  10. Drafting and drawing.
  11. Cession in South African Law: Case law
  12. Index.

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.

Best wishes.