South African Law/Cession

Welcome

Welcome to "Cession in South African Law" I hope you find the content useful. This course is aimed at University Students doing an postgraduate LLB. It is a 1/2 course.

Principle works cited

1. The Main reference is: Susan Scott: Cession for Students. Juta & Co 1997. The course outline will loosely follow her work, and the intention is to cover the following aspects.
2. Case law from the South African Law Reports.

Course content

The course content will be broken into various chapters or lessons and will cover the following:

1. Cession in South African Law: An introduction to cession - 2. -
   • A brief overview of cession
   • Background history and the need for cession.
   • The problem with cession.
2. Cession in South African Law: Classification of cession - 3. -
   • The Definition of cession.
   • Various agreements distinguished.
3. Cession in South African Law: The claim or object of cession - 4.
   • Description of the claim.
   • Transferrability of claims.
   • Future and contingent claims.
   • Delictus Personae.
   • Agreements prohibiting the transfer of claims.
4. Validity requirements -
   • Formalities in cession agreements.
   • The doctrine of all effort.
   • The causa.
5. Notice to the Debtor -
6. Locus standi -
7. Remedies and defences -
8. Cessions in securitatem debiti -
9. The distinction between cessions and pledges -
10. Drafting and drawing.
11. Cession in South African Law: Case law
12. Index.

Practical examples and questions will also be given.

This is not a substitution for a university course and university exemptions are not given. It is an adjunct to study and may provide a simplified outline of what is covered in any university course on the subject.

Best wishes.