Webb19 apr. 2010 · Having written an article in the Scots Law Times on 13 November 2009 on ... January 2010, 47) was of great interest to me. My own article analysed the landlord's hypothec in respect of pre-appointment claims by a landlord ... In the case of abandonment, the landlord would have a damages claim but the hypothec would not … WebbIn conclusion the tacit hypothec of the landlord contained in Section 32 of the Magistrate’s Court Act, is a remedy to be implemented by a landlord in addition to other remedies to be implemented against defaulting tenants such as eviction proceeding or automatic rent interdicts.

The Constitutionality of the Lessor’s Hypothec: Attachment of …

Webb12 maj 2024 · Whilst mortgage bonds continue to be a ubiquitous form of security, a lack of appreciation of notarial bonds as a viable form of security has caused security structures to be rather one-dimensional and, in some instances, to fall short of harnessing the full value of a borrower’s assets. http://www.saflii.org/za/cases/ZAKZPHC/2012/49.html fly ash tests

Law of Property Tacit hypothec - Real Security- Tacit ... - Studocu

Webb20 apr. 2016 · ‘ The only remaining tacit hypothec from the common law which still exists in South African law is the tacit hypothec of the landlord over the movables of the … Webb8 sep. 2024 · In terms of section 32 (1) of the MCA, the landlord may attach movable property as security for rent and it reads as follows: Upon an affidavit by or on behalf of the landlord of any premises situate within the district, that an amount of rent not exceeding the jurisdiction of the court is due and in arrear in regard to the said premises, and ... Webbimmediately brought urgent ex parte application to perfect applicant ’s tacit hypothec over movables of respondent on the said farm. ORDER . Having heard counsel for the applicant/defendant and counsel for the respondent/ plaintiff – IT IS ORDERED THAT: 1. The rule nisi (order 2) and orders 1, 3 and 4 of 4 August 2016 are confirmed. 2. fly ash tanker