n Tydskrif vir die Suid-Afrikaanse Reg - Setting aside of the payment of the debt of another as a disposition without value in terms of section 26 of the Insolvency Act 24 of 1936 : aantekeninge

Volume 2008, Issue 2
  • ISSN : 0257-7747
  • E-ISSN: 1996-2207



It is a common occurrence that someone pays the debt of another. (In this context, the expression "debt" refers to an obligation to pay money.) In most instances, there is a special relationship between the person effecting payment of the debt and the person whose debt is paid, although that is not always the case. A father may pay the university tuition fees of a non-dependant child. An employer may pay the bond instalment, medical aid contribution, insurance premium or other recurring monthly expense of an employee. Someone may pay the telephone or electricity account of a retired relative who finds it difficult to cover his or her living expenses on a monthly pension. Someone may borrow money from Peter to pay Paul and ask Peter to pay Paul direct.

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