n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - One hundred years of security cession
|Article Title||One hundred years of security cession|
|© Publisher:||Juta Law Publishing|
|Journal||SA Mercantile Law Journal = SA Tydskrif vir Handelsreg|
|Affiliations||1 University of South Africa|
|Publication Date||Jan 2013|
|Pages||513 - 533|
At the end of a long and rewarding career in academia, I wish to reflect on one of my favourite topics, security cession, in the light of three significant decisions on the issue. I have consistently researched this fascinating topic since completing my doctoral thesis on the law of cession in South Africa in 1977, and I intend continuing to do so in my retirement. As this is my farewell lecture to you, colleagues, I feel free to speak my mind on issues which are close to my heart and which over the years have shaped my legal thinking. I also take the liberty of making some observations of a more personal nature. In this overview of a period stretching roughly over a hundred years, I briefly relate the historical background to a recent crucial judgment on the issue, Grobler v Oosthuizen, compare three judgments, and draw some conclusions. The judgments that I compare are National Bank of SA Ltd v Cohen's Trustee, Grobler v Oosthuizen, and Vanden Avenne-Ooigem v Landbouwkrediet en andere - a recent decision of the Belgian appeal court (Hof van Cassatie). I utilise this comparison to state my views briefly on aspects of South African law such as the value and relevance of Latin, Roman law, legal history and comparative law; on case law as a source of law; on the tension between the judiciary and academia (the bench and the chair); and the interaction between theory and practice.
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