Essentialia Of A Loan Agreement

(b) Subject to Article 130 (2), no legal proceedings may be commenced until – the assignment is an act of bilateral law by which the assignor transfers its rights to the assignor. The assignment may be conceived as an assignment, assignment or sending of security. In the event of a breach of the security right, the assignor transfers its right of recourse to a debt owed to it, which is designated as the principal debt, to the assignor as security for the debt owed by the assignor to the assignor, designated as a secured debt. A right of appeal is the legal confiscation of the principal debt. However, ownership of the right remains with the assignor, despite the assignment. The assignment agreement is set out in a loan agreement such as a loan agreement or a sales contract. The assignment obligation is fulfilled in an assignment contract such as an assignment and deposit contract. The assignment agreement and the assignment obligation may be included in separate agreements or in an agreement. [35] It is customary that, in this case, the opponent of the original application did not link the loan agreement to the cargo. Only the recorded letter was attached. It is also apparent from paragraph 1 of the claims that the opponent of the initial application relies on the terms of a mortgage loan agreement concluded between the opponent of the initial application and the applicants, guaranteed by a consignator. I agree with counsel for the applicants that a mortgage does not always contain all the elements that are normally found in a loan agreement and that, in order to determine indebtedness, you must read the mortgage at the same time as the loan agreement.

I think that the argument of counsel for the opponent of the first application that a pledge obligation can be isolated as a contract of guarantee is unfounded. A mortgage loan is always the product of a principal obligation: its existence and persistence depend on the existence of the principal obligation that guarantees it. This agreement is mandatory and necessary for the constitution of a mortgage loan. See Francois du Bois: WILLE`S PRINCIPLES OF SOUTH AFRICAN LAW 9th ed p631 -632 and p634 and NEDBANK LTD v FRASERS AND ANOTHER AND FOUR OTHER CASES 2011 (4) [20] I believe that the question of the meaning of decisions within the meaning of the National Credit Act was definitively settled by the Constitutional Court in the now famous SEBOLA judgment, Both pieces of advice have been quoted at length and to which I have also been referred. In this case, it was found that, although the ACA does not clearly indicate the importance of “delivering”, it is necessary for the lender who wishes to impose a credit agreement to forgive himself and prove that the notification has been served on the consumer. . . .

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