Simulated contracts and the transfer of ownership as a form of real security in South African law

Money lenders frequently use sale and lease back agreements as an alternative to other more conventional forms of security. These agreements are popular because they are simple and inexpensive to put in place. Unfortunately, South African courts give legal effect to the true intention of contrac...

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Bibliographic Details
Main Author:	Terblanche, Francis Stephen
Other Authors:	Scott, Susan (Susanna Johanna)
Format:	Others
Language:	en
Published:	2012
Subjects:	Sale and lease back agreements Simulated contracts Reservation of ownership Cession Pledge Real security Principle of publicity Special notarial bond General notarial bond Public register 346.47068 Pledges (Law) > South Africa Personal property > South Africa Security (Law) > South Africa Loans > Law and legislation > South Africa Sales > Law and legislation > South Africa Leases > Law and legislation > South Africa
Online Access:	http://hdl.handle.net/10500/6770

id	ndltd-netd.ac.za-oai-union.ndltd.org-unisa-oai-umkn-dsp01.int.unisa.ac.za-10500-6770
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spelling	ndltd-netd.ac.za-oai-union.ndltd.org-unisa-oai-umkn-dsp01.int.unisa.ac.za-10500-67702016-04-16T04:08:15Z Simulated contracts and the transfer of ownership as a form of real security in South African law Terblanche, Francis Stephen Scott, Susan (Susanna Johanna) Sale and lease back agreements Simulated contracts Reservation of ownership Cession Pledge Real security Principle of publicity Special notarial bond General notarial bond Public register 346.47068 Pledges (Law) -- South Africa Personal property -- South Africa Security (Law) -- South Africa Loans -- Law and legislation -- South Africa Sales -- Law and legislation -- South Africa Leases -- Law and legislation -- South Africa Money lenders frequently use sale and lease back agreements as an alternative to other more conventional forms of security. These agreements are popular because they are simple and inexpensive to put in place. Unfortunately, South African courts give legal effect to the true intention of contracting parties. Sale and lease back agreements are often held to be simulated contracts and as such they are enforced as disguised pledges. One of the few alternative security options available to money lenders, is a notarial bond registered in terms of the Security By Means of Movable Property Act 57 of 1993. This act has been criticised for creating an ineffective form of security that is costly and cumbersome to put in place. It is suggested that the current security options available to money lenders are supplemented with the creation of a more user friendly public register for the registration of security interests. Private Law LL.M. 2012-10-17T07:18:11Z 2012-10-17T07:18:11Z 1997-11 2012-10 Dissertation http://hdl.handle.net/10500/6770 en 1 online resource (28 leaves)
collection	NDLTD
language	en
format	Others
sources	NDLTD
topic	Sale and lease back agreements Simulated contracts Reservation of ownership Cession Pledge Real security Principle of publicity Special notarial bond General notarial bond Public register 346.47068 Pledges (Law) -- South Africa Personal property -- South Africa Security (Law) -- South Africa Loans -- Law and legislation -- South Africa Sales -- Law and legislation -- South Africa Leases -- Law and legislation -- South Africa
spellingShingle	Sale and lease back agreements Simulated contracts Reservation of ownership Cession Pledge Real security Principle of publicity Special notarial bond General notarial bond Public register 346.47068 Pledges (Law) -- South Africa Personal property -- South Africa Security (Law) -- South Africa Loans -- Law and legislation -- South Africa Sales -- Law and legislation -- South Africa Leases -- Law and legislation -- South Africa Terblanche, Francis Stephen Simulated contracts and the transfer of ownership as a form of real security in South African law
description	Money lenders frequently use sale and lease back agreements as an alternative to other more conventional forms of security. These agreements are popular because they are simple and inexpensive to put in place. Unfortunately, South African courts give legal effect to the true intention of contracting parties. Sale and lease back agreements are often held to be simulated contracts and as such they are enforced as disguised pledges. One of the few alternative security options available to money lenders, is a notarial bond registered in terms of the Security By Means of Movable Property Act 57 of 1993. This act has been criticised for creating an ineffective form of security that is costly and cumbersome to put in place. It is suggested that the current security options available to money lenders are supplemented with the creation of a more user friendly public register for the registration of security interests. === Private Law === LL.M.
author2	Scott, Susan (Susanna Johanna)
author_facet	Scott, Susan (Susanna Johanna) Terblanche, Francis Stephen
author	Terblanche, Francis Stephen
author_sort	Terblanche, Francis Stephen
title	Simulated contracts and the transfer of ownership as a form of real security in South African law
title_short	Simulated contracts and the transfer of ownership as a form of real security in South African law
title_full	Simulated contracts and the transfer of ownership as a form of real security in South African law
title_fullStr	Simulated contracts and the transfer of ownership as a form of real security in South African law
title_full_unstemmed	Simulated contracts and the transfer of ownership as a form of real security in South African law
title_sort	simulated contracts and the transfer of ownership as a form of real security in south african law
publishDate	2012
url	http://hdl.handle.net/10500/6770
work_keys_str_mv	AT terblanchefrancisstephen simulatedcontractsandthetransferofownershipasaformofrealsecurityinsouthafricanlaw
_version_	1718224620479315968

Simulated contracts and the transfer of ownership as a form of real security in South African law

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