The need for coherence in security by means of claims

Abstract

This research shall focus on the need for coherency in the law of security by means of personal rights. Chapter 1 will provide a background of the topic. Chapter 2 will provide a historical background for the law of cession generally and the law in security by means of personal rights in particular, by exploring the Roman and Roman-Dutch law. There will also be a comparison of foreign jurisdictions that share the same legal history with South Africa. Chapter 3 will provide an overview of the basic principles on which the law of security by means of claims are based. These will be a summary of the ordinary pledge and the law of cession. Chapter 4 will discuss the application and development of this security by means of personal rights through the courts. Chapter 5 will discuss the principles of these two theories. This research will conclude with chapter 6, which summarises this law and offers suggestions that will create coherency and certainty in this area of law.