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

Brits, Reghard

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

dc.contributor.author	Brits, Reghard
dc.date.accessioned	2022-11-30T11:34:59Z
dc.date.available	2022-11-30T11:34:59Z
dc.date.issued	2021
dc.description.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.	en_US
dc.description.department	Mercantile Law	en_US
dc.description.librarian	am2022	en_US
dc.description.uri	https://journals.co.za/content/journal/jlc_slr	en_US
dc.identifier.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.	en_US
dc.identifier.issn	1016-4359 (print)
dc.identifier.issn	1996-2193 (online)
dc.identifier.other	10.47348/SLR/v32/i1a3
dc.identifier.uri	https://repository.up.ac.za/handle/2263/88567
dc.language.iso	en	en_US
dc.publisher	Juta Law	en_US
dc.rights	© 2021 Juta and Company (Pty) Ltd.	en_US
dc.subject	High court rule 46A	en_US
dc.subject	Sale in execution	en_US
dc.subject	Residential immovable property	en_US
dc.subject	Mortgage foreclosure	en_US
dc.subject	Reserve price	en_US
dc.title	Execution against residential immovable property in terms of High Court Rule 46A	en_US
dc.type	Article	en_US