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A framework for reforming the South African law of security rights in movable property
Thesis (LLD)--University of Pretoria, 2020.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2020
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| _version_ | 1867613482562617344 |
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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 | © 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. |
| description | Thesis (LLD)--University of Pretoria, 2020. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/73135 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:36:51.203Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2020 |
| publishDateRange | 2020 |
| publishDateSort | 2020 |
| 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:2263/73135 A framework for reforming the South African law of security rights in movable property Brits, Reghard michel.koekemoer@gmail.com Van Heerden, C.M. (Corlia) Koekemoer, Michel Marlize UCTD Security rights Thesis (LLD)--University of Pretoria, 2020. The thesis examines the legal efficacy of the current South African legal framework governing security rights in movable property. This is done by bench-marking the South African framework against selected international and regional secured transactions law frameworks, making it the first South African study to be conducted in this manner. This vertical comparative study establishes and gives content to the key policy objectives and fundamental principles of each examined legal framework, and considers their interrelationship. Aspects of a secured-transactions-law framework, included in the study as part of key policy objectives and fundamental principles, which should influence reform, include: (1) whether to implement a unitary, non-unitary, or commercially-facilitative approach to establish a single legal framework for security rights in movable property; (2) whether to change the method used to create and allow the third-party effect of the security right; (3) how comprehensive the scope of a legally and commercially relevant legal framework should be; (4) what the preferred publicity method should be; (5) how to develop transparent and predictable priority rules; (6) how to adopt effective enforcement measures; and (7) the extent different types of creditor should be treated equally by the law. The study presents a robust framework, the first of its kind in South Africa, pivoting on key policy objectives and fundamental principles the South African legislature and policymakers must consider establishing a legally efficient secured transactions law framework. Mercantile Law LLD Unrestricted 2020-02-06T13:53:00Z 2020-02-06T13:53:00Z 2020 2020 Thesis Koekemoer, MM 2020, A framework for reforming the South African law of security rights in movable property, LLD Thesis, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/73135> A2020 http://hdl.handle.net/2263/73135 en © 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. application/pdf University of Pretoria |
| spellingShingle | UCTD Security rights A framework for reforming the South African law of security rights in movable property |
| title | A framework for reforming the South African law of security rights in movable property |
| title_full | A framework for reforming the South African law of security rights in movable property |
| title_fullStr | A framework for reforming the South African law of security rights in movable property |
| title_full_unstemmed | A framework for reforming the South African law of security rights in movable property |
| title_short | A framework for reforming the South African law of security rights in movable property |
| title_sort | framework for reforming the south african law of security rights in movable property |
| topic | UCTD Security rights |
| url | http://hdl.handle.net/2263/73135 |