What Is An Cession Agreement
In practice, it is important to distinguish between the parties, since, as a general rule, a transfer agreement is made on the basis of an obligation between the assignor and the assignor. (i.e. the Cedent is generally a debtor of the assignment council) Do not confuse the duties of the Cedent with the obligations of the principal debtor. The theoretical problem with divestment is that it covers two branches and does not fit easily into the two branches. This created conceptual confusion in the interpretation of the transfer agreements. 4. The validity of an assignment depends not only on the transfer agreement, but also on the assignment of the underlying debt. In Grobler/Oosthuizen 5 SA 500 (SCA), the Supreme Court of Appeal (SCA) stated that the theory of instructions regulated the transfer of rights and, as a result, the Cedent retains the simple dominium or an interest in the impact on rights and rights and assignees. assert the surrendered rights, unless the Cedent retains the simple dominium or interest in the right of reversion to the rights and the assignee acquires the exclusive right of appeal or the right to assert the surrendered rights, unless the parties who choose not to rule against the rights, that is, the theory of fiduciary transfer.
According to Grobler and other judgments, the Cedentum`s reversion interest is his interest in his debtor, who is taken under the contract between the Cedent and his debtor, and not his interest in the assignment of the principal debt after the Cedent has satisfied the secured debt. Reversion interest may also be mortgaged and transferred to the guarantee of a bond, either to the purchaser who holds the right to sue, or to another who is entitled to surrender for another obligation. A pledge and assignment in securitatem debiti, known as a security or security assignment, is when the Cedent mortgages or incriminates his personal rights on his debtor and transfers these rights to the assignment (rights surrendered) to ensure the performance of a duty guilty of assignment by the assignor or a related party. A security assignment is generally used to create a security interest for the Cedent`s personality rights for booking debts, money in bank accounts, insurance policies or shares. In many cases, it has been found that a sale in securitatem debiti was legally a pawn of tangible property. When genuine rights are transferred, the transfer is by delivery. Personality rights have no body and therefore cannot be saved. As a result, the method of transferring personality rights by transfer is. As a general rule, the transfer of accounting debt is done in the sense of an unsecured transfer. The construction of the deposit is only respected if the possibility of a security transfer is expressly excluded.