n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - The legal nature and validity of bank default charges




The notion of bank default charges is clouded in controversy. It is one of a number of aspects of the bank-client relationship currently being reviewed by the South African Competition Commissioner. Before I explain the legal nature of bank default charges under South African law, I will first consider two foreign jurisdictions in which a similar investigation was undertaken in the recent past.


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