Execution against residential immovable property in terms of High Court Rule 46A

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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.

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Keywords

High court rule 46A, Sale in execution, Residential immovable property, Mortgage foreclosure, Reserve price

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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.