oa De Rebus - Debts - reaching beyond the grave : marriage, death and the National Credit Act : feature
It is not uncommon for spouses married in community of property to borrow funds under a secured loan or to be mortgagors under a mortgage agreement in which they pledge their immovable property as security for a loan. In such instances, they are 'consumers' as defined in s 1 of the National Credit Act 34 of 2005 (NCA). The lender or mortgagee (as the case may be) is a 'credit provider' as defined (s 1) (see ABSA Bank Ltd v Brown and Another; ABSA Bank Ltd v Van Deventer and Another  JOL 28445 (ECP)).
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