Scott on Cession

A Treatise on the Law in South Africa

Product Attributes

  • Soft Cover
  • 9781485127048
  • 1st Edition
  • 630 Pages
  • 2018

Authors

Scott, S

Categories

Contract, Law of

2018 - 1st Edition

R 795.00

About this Publication:

Scott on Cession: A Treatise on the Law in South Africa is a comprehensive exposition of the law of cession.

Scott incorporates aspects of her doctoral thesis (1977), her previous book on cession, The Law of Cession, (1991) and her articles on cession that have been published in law journals. The book focuses on case law, but case law as a source of law in this branch of the law poses particular problems: some of the earlier decisions, and even recent ones, are based on Roman-Dutch law, which no longer completely satisfies current modern needs. To explain certain idiosyncrasies in the case law, Scott refers to the historical development of cession as a legal institution.

The book also provides extensive commentary on certain problematic aspects of cession, using comparable legal systems, and incorporates the dogmatic foundations of the law of cession.

Contents Include:

  • Table of cases
  • Table of statutes
  • Abbreviations
  • Section A: Substantive law 
    • Introduction
    • Definition of cession and types of agreements involved
    • Distinction between cession and other three party relationships
    • Object of cession
    • Cedability of personal rights
    • Requirements for cession
    • Role of notice of cession to debtor
    • Effect of cession
    • Security cession
    • Factoring
    • Securitisation and cession
    • Income tax
    • Private international law
  • Section B: Documentary examples 
    • Cession of existing book debts
    • Pledge of claim/s
    • Cession of book debts as security
  • Index

Of Interest and Benefit to:

  • Legal practitioners
  • Legal scholars
  • Law reformers (judicial and academic)

Key Benefits:

The book provides a comprehensive exposition of the law of cession, facilitating a proper understanding of the modern law of cession, the historical background and the underlying dogma, and the position in other comparable legal systems.