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The credit consumer’s right to terminate a credit agreement subject to the National Credit Act 34 of 2005 in advance
Mini Dissertation (LLM (Mercantile Law))--University of Pretoria, 2023.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2024
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| _version_ | 1867613481503555585 |
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| access_status_str | Open Access |
| author2 | Renke, Stefan |
| author_browse | Renke, Stefan |
| author_facet | Renke, Stefan |
| collection | Thesis |
| dc_rights_str_mv | © 2023 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 (Mercantile Law))--University of Pretoria, 2023. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/94841 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:36:50.231Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2024 |
| publishDateRange | 2024 |
| publishDateSort | 2024 |
| 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:2263/94841 The credit consumer’s right to terminate a credit agreement subject to the National Credit Act 34 of 2005 in advance Renke, Stefan u18192999@tuks.co.za Mohlala, Rebotile UCTD Credit Termination Advance Consumer Right Mini Dissertation (LLM (Mercantile Law))--University of Pretoria, 2023. One of the main purposes of the National Credit Act 34 of 2005 (“NCA”), the consumer credit enactment currently effective in the Republic, is to protect the consumer. This is inter alia achieved by affording rights to a credit consumer to terminate a credit agreement subject to the NCA in advance, in other words before the date agreed on by the parties in the agreement for the agreement to come to an end. However, these rights to terminate a credit agreement in advance, the right to rescind (also known as the “cooling-off” right) or settle the agreement, or to surrender the goods in terms of the agreement, only apply if the NCA is applicable to a particular credit agreement. With this purpose in mind, a brief overview of the credit agreements the NCA applies to, is provided. However, it will be indicated that some of these rights only have limited application, inter alia regarding the type of credit agreement involved. The consumer is protected by being allowed to terminate the agreement in advance in various respects, for instance getting rid of a costly credit debt. The aim with this dissertation is to investigate the provisions in the NCA affording the early termination rights to the consumer, to compare their fields of application and the protection afforded by each, and to make suggestions for improvement of the NCA’s provisions, if any. It is finally concluded that the inclusion of these early termination rights in the NCA must be welcomed. Mercantile Law LLM (Mercantile Law) Unrestricted Faculty of Laws SDG-10:Reduces inequalities 2024-02-22T12:42:06Z 2024-02-22T12:42:06Z 2024-04 2023 Mini Dissertation * A2024 http://hdl.handle.net/2263/94841 Disclaimer letter en © 2023 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 Credit Termination Advance Consumer Right The credit consumer’s right to terminate a credit agreement subject to the National Credit Act 34 of 2005 in advance |
| title | The credit consumer’s right to terminate a credit agreement subject to the National Credit Act 34 of 2005 in advance |
| title_full | The credit consumer’s right to terminate a credit agreement subject to the National Credit Act 34 of 2005 in advance |
| title_fullStr | The credit consumer’s right to terminate a credit agreement subject to the National Credit Act 34 of 2005 in advance |
| title_full_unstemmed | The credit consumer’s right to terminate a credit agreement subject to the National Credit Act 34 of 2005 in advance |
| title_short | The credit consumer’s right to terminate a credit agreement subject to the National Credit Act 34 of 2005 in advance |
| title_sort | credit consumer s right to terminate a credit agreement subject to the national credit act 34 of 2005 in advance |
| topic | UCTD Credit Termination Advance Consumer Right |
| url | http://hdl.handle.net/2263/94841 |