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The shifting of moral hazard in consumer credit : does the National Credit Amendment Act 19 of 2014 tip the scales in favour of debtor?
Mini Dissertation (LLM)--University of Pretoria, 2017.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2017
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| _version_ | 1867613683824197632 |
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| access_status_str | Open Access |
| author2 | Brits, Reghard |
| author_browse | Brits, Reghard |
| author_facet | Brits, Reghard |
| collection | Thesis |
| dc_rights_str_mv | © 2017 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. |
| description | Mini Dissertation (LLM)--University of Pretoria, 2017. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/60102 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:40:02.981Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2017 |
| publishDateRange | 2017 |
| publishDateSort | 2017 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/60102 The shifting of moral hazard in consumer credit : does the National Credit Amendment Act 19 of 2014 tip the scales in favour of debtor? Brits, Reghard siyabonga_tembe@yahoo.co.uk Tembe, Siya Siphamandla UCTD Mini Dissertation (LLM)--University of Pretoria, 2017. In this dissertation I discuss a selection of the amendments to the National Credit Act 34 of 2005 by the National Credit Amendment Act 19 of 2014. The purpose of this is to evaluate whether the amendments accord with the purpose of the National Credit Act. More specifically, whether the amendments are in line with promoting equity in the credit market by balancing the respective rights and responsibilities of credit providers and consumers in section 3(1) (d) of the National Credit Act. This is done under to answer the question of whether the amendments favour the consumer over the credit provider. Where the amendment are overall consumer oriented, the effect of this would shift the moral hazard of consumer debt to the consumer and thereby create an imbalance in the credit market. To answer this question I look at the amendments of sections 86(2), (11), 89(5) (c), 129(3) & (4), 130 and the introduction of sections 71A and 129(5),(6) and (7). In the course of my discussion I refer to various case law which prompted the amendments and or, which influenced the interpretation of the provisions which were amended. I also take into consideration the views and opinions of legal scholars who have written extensively on the National Credit Act, often in light of judgements handed down by our courts. My discussion concludes with the assertion that the amendments I have chosen, being those which dictate the rights and responsibilities of credit providers and consumers, have the effect of favouring the consumer over the credit provider, by either burdening the credit provider with more duties when enforcing their agreements with consumers, or, by allowing the consumer greater leeway despite them breaching of their agreements. Mercantile Law LLM Unrestricted 2017-04-26T11:51:55Z 2017-04-26T11:51:55Z 2017/04/06 2017 Mini Dissertation Tembe, SS 2017, The shifting of moral hazard in consumer credit : does the National Credit Amendment Act 19 of 2014 tip the scales in favour of debtor?, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/60102> A2017 http://hdl.handle.net/2263/60102 en © 2017 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. application/pdf University of Pretoria |
| spellingShingle | UCTD The shifting of moral hazard in consumer credit : does the National Credit Amendment Act 19 of 2014 tip the scales in favour of debtor? |
| title | The shifting of moral hazard in consumer credit : does the National Credit Amendment Act 19 of 2014 tip the scales in favour of debtor? |
| title_full | The shifting of moral hazard in consumer credit : does the National Credit Amendment Act 19 of 2014 tip the scales in favour of debtor? |
| title_fullStr | The shifting of moral hazard in consumer credit : does the National Credit Amendment Act 19 of 2014 tip the scales in favour of debtor? |
| title_full_unstemmed | The shifting of moral hazard in consumer credit : does the National Credit Amendment Act 19 of 2014 tip the scales in favour of debtor? |
| title_short | The shifting of moral hazard in consumer credit : does the National Credit Amendment Act 19 of 2014 tip the scales in favour of debtor? |
| title_sort | shifting of moral hazard in consumer credit does the national credit amendment act 19 of 2014 tip the scales in favour of debtor |
| topic | UCTD |
| url | http://hdl.handle.net/2263/60102 |