n Stellenbosch Law Review = Stellenbosch Regstydskrif - A comprehensive suggestion to bring the into the 21st century

Volume 21, Issue 3
  • ISSN : 1016-4359
  • E-ISSN: 1996-2193



The current approach to in South African law is to be found in the leading case, where the judgment relied heavily on the writings of Sande and Voet. Accordingly, the debtor has to show that he has an interest in the prohibition against cession and if he can do this, then the is valid and binding. The personal right is consequently rendered non-transferable and a cession in contravention of the is void. If the debtor cannot show that he has an interest, the cedent may validly cede the personal right and ownership thereof passes to the cessionary.

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