Unlawful credit agreement : an analysis of Section 89(5) of the National Credit Act 34 of 2005 with specific focus on Section 89(5)(c)

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dc.contributor.advisor Van Heerden, C.M. (Corlia) en
dc.contributor.postgraduate Maodi, Lorraine Pearl en
dc.date.accessioned 2015-07-02T11:06:18Z
dc.date.available 2015-07-02T11:06:18Z
dc.date.created 2015/04/16 en
dc.date.issued 2014 en
dc.description Mini Dissertation (LLM)--University of Pretoria, 2014. en
dc.description.abstract This study is a critical analysis of section 89(5) of the National Credit Act, with specific focus on section 89(5)(c). Although section 89(5) deals with the consequences of unlawful credit agreements listed under section 89, this study will focus on the consequences of unlawful credit agreements of unregistered credit providers. The National Credit Act is the regulatory framework for the credit market in South Africa and it places an obligation on certain individuals or legal persons to register as credit providers. Credit providers who fail to register when they are required to do so face the consequence of having their credit agreements being void and unlawful. A further adverse consequence is that the credit providers rights to restitution for goods delivered or money lend will either be cancelled or forfeited to the State in terms of section 89(5)(c). Case law will be utilised to demonstrate the far-reaching consequences of section 89(5)(c). The key problem with section 89(5)(c) of the National Credit Act is that it does not afford the court the opportunity to exercise a discretion when dealing with disputes concerning credit agreements which are unlawful. The common law action of unjustified enrichment, on the other hand, allows the court to exercise this discretion. The recent approval of the National Credit Amendment Bill has resulted in an amendment to section 89(5). This study will reveal whether or not the proposed amendment to section 89(5) will solve the problems which have arisen from the provision. en
dc.description.availability Unrestricted en
dc.description.degree LLM en
dc.description.department Mercantile Law en
dc.description.librarian tm2015 en
dc.identifier.citation Maodi, LP 2014, Unlawful credit agreement : an analysis of Section 89(5) of the National Credit Act 34 of 2005 with specific focus on Section 89(5)(c), LLM Mini-dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/45985> en
dc.identifier.other A2015 en
dc.identifier.uri http://hdl.handle.net/2263/45985
dc.language.iso en en
dc.publisher University of Pretoria en_ZA
dc.rights © 2015 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. en
dc.subject UCTD en
dc.title Unlawful credit agreement : an analysis of Section 89(5) of the National Credit Act 34 of 2005 with specific focus on Section 89(5)(c) en
dc.type Mini Dissertation en


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