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Sales of immovable property in terms of the National Credit Act 34 of 2005 and the Alienation of Land Act 68 of 1981
Mini Dissertation (LLM (Mercantile Law))--University of Pretoria, 2024.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2024
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| _version_ | 1867613590717988864 |
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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, 2024. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/94903 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:38:34.370Z |
| 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:2263/94903 Sales of immovable property in terms of the National Credit Act 34 of 2005 and the Alienation of Land Act 68 of 1981 Renke, Stefan u19046792@tuks.co.za Pretorius, Mishalia UCTD National Credit Act Aliention of Land Act Sales Immovable property Credit Mini Dissertation (LLM (Mercantile Law))--University of Pretoria, 2024. The National Credit Act 34 of 2005 (“NCA”), the Act currently regulating the consumer credit industry in South Africa, enjoys a wide field of application. The reason for this is that, in addition to the fact that the NCA applies to basically all agreements in terms whereof credit is granted (sales and leases of movable goods, service rendering contracts, mortgage agreements, credit facilities such as credit cards, money loans), it also contains a catch-all provision in section 8(4)(f). The latter provides that the NCA also applies to any other agreement (than the ones specifically defined) in terms whereof money that is owed by one person to another is deferred, and interest, fees or charges are payable to the provider of the credit. This dissertation investigates sales of immovable property as an example of the other agreement in terms of the NCA. It also shows that Chapter II of the Alienation of Land may simultaneously to the NCA be applicable to a contract of sale of immovable property. The interrelationship between the two pieces of legislation is investigated, with a particular reference of their debt enforcement notices. The dissertation culminates in a discussion of the Amardien-decisions in terms whereof a High Court decision was overturned by the Constitutional Court. Mercantile Law LLM (Mercantile Law) Unrestricted Faculty of Laws None 2024-02-23T09:34:25Z 2024-02-23T09:34:25Z 2024-04 2024 Dissertation * A2024 http://hdl.handle.net/2263/94903 10.25403/UPresearchdata.25262821 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 National Credit Act Aliention of Land Act Sales Immovable property Credit Sales of immovable property in terms of the National Credit Act 34 of 2005 and the Alienation of Land Act 68 of 1981 |
| title | Sales of immovable property in terms of the National Credit Act 34 of 2005 and the Alienation of Land Act 68 of 1981 |
| title_full | Sales of immovable property in terms of the National Credit Act 34 of 2005 and the Alienation of Land Act 68 of 1981 |
| title_fullStr | Sales of immovable property in terms of the National Credit Act 34 of 2005 and the Alienation of Land Act 68 of 1981 |
| title_full_unstemmed | Sales of immovable property in terms of the National Credit Act 34 of 2005 and the Alienation of Land Act 68 of 1981 |
| title_short | Sales of immovable property in terms of the National Credit Act 34 of 2005 and the Alienation of Land Act 68 of 1981 |
| title_sort | sales of immovable property in terms of the national credit act 34 of 2005 and the alienation of land act 68 of 1981 |
| topic | UCTD National Credit Act Aliention of Land Act Sales Immovable property Credit |
| url | http://hdl.handle.net/2263/94903 |