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Browsing Mercantile Law by Subject "Debt"

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Executing a debt against residential property : the potential application of rule 46A of the Uniform Rules of Court beyond a literal reading of "property of a judgment debtor"

Brits, Reghard (University of the Free State, 2020-12)

This article examines the field of application of rule 46A of the Uniform Rules of Court, which regulates the procedure for creditors seeking to execute a judgment debt against residential property. The central question ...
Parate executie clause in mortgage bond versus post-default authority to sell - Business Partners Limited v Mahamba (4568/2016) [2019] ZAECGHC 17 (26 February 2019)

Brits, Reghard (Nelson Mandela Metropolitan University, Faculty of Law, 2020)

The purpose of this note is to consider a case that came before a full bench of the Eastern Cape Division of the High Court in Grahamstown – namely, Business Partners Limited v Mahamba ((4568/2016) [2019] ZAECGHC 17 (26 ...

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