Execution against residential immovable property in terms of High Court Rule 46A
Loading...
Date
Authors
Brits, Reghard
Journal Title
Journal ISSN
Volume Title
Publisher
Juta Law
Abstract
This article provides an overview of and commentary on High Court Rule 46A, which deals with the procedural rules for executing a judgment
debt against residential immovable property. Rule 46A focusses on two main aspects: determining if it is justified to sell the debtor's home in
execution and, if a sale is ordered, setting a reserve price at which the property is to be auctioned. Therefore, this article analyses the
provisions of rule 46A that pertain to these two components, which also serve as two layers of protection for a debtor facing the loss of his or
her home.
Description
Keywords
High court rule 46A, Sale in execution, Residential immovable property, Mortgage foreclosure, Reserve price
Sustainable Development Goals
Citation
Brits, R. 2021, 'Execution against residential immovable property in terms of High Court Rule 46A', Stellenbosch Law Review, vol. 32, no. 1, pp. 47-70, doi : 10.47348/SLR/v32/i1a3.