Found inside – Page 116In South Africa C8.39(40).4(5) was similarly recognised as applying to ... of the first post-union statute on the subject, the Prescription Act 18 of 1943. Found inside – Page 110TOLGAZ SOUTHERN AFRICA v SOLGAS (PTY) LTD EASIGAS (PTY) LTD ... but fifteen years because section 11(b) of the Prescription Act (no 68 of 1969) applied. Found inside – Page 217The crux of the dispute is when the debt becomes 'due' in terms of s 12(1) of the Prescription Act 68 of 1969 (the Act).1 Put differently, ... Found inside – Page 179According to section 8 of the Prescription Act , No. 18 of 1943 , prescription will be ... may finally involve a suretyship . A surety may roughly be defined as a person liable for the payment of the debt of the principal debtor who remains bound . Found insideThe Prescription Act 68 of 1969 provides for prescription periods in respect of different kinds of 'debt'. The concept of a 'debt' is not defined in the Act ... Found inside – Page 211... three years from the debt becoming due in terms of the Prescription Act (no 68 of 1969), the credit provider has complied with the provisions of s 129 ... This Guide provides an outline of the main aspects of the Zimbabwean Law of Delict. Found inside – Page 169THE PRESCRIPTION ACT OF 1969 169 period applies in respect of the debt in question in terms of para ( a ) ; ( c ) six years in respect of a debt arising from a bill of exchange or other negotiable instrument or from a notarial contract , unless a ... Found inside – Page 243... Comprising Acts, Rules, Forms, References, Decisions, &c Cape of Good Hope (South Africa), C. Brady, W. W. Brady ... An acknowledgment of debt does not take the case out of the operation of the Prescription Act unless made in writing ... Found inside – Page 37695 Interruption of Prescription . Prescription is interrupted by : ( a ) An express or tacit acknowledgement of liability by the debtor ; 96 ( 6 ) The service on the debtor of any process whereby the creditor claims payment of the debt . 97 This ... Found inside – Page 281... that it was a 'debt' as contemplated in s 11 of the Prescription Act and ... 10 Legal Aid South Africa v Mzoxolo Magidiwana & others 2015 (2) SA 568; ... Found inside – Page 53Under Clause 13 a de- A rider to this is that it is in the to wriggle off the hook of their lia- fore the debt prescribed . fects liability period ... the Truss Plate Association of Southern Africa had been renamed 905 ) . that the contractual relationship Gangnail South Africa Incorporated . ... A consequential damages arose in debt is " that which is owed or common law and not under the due ” whether it be money ... Found inside – Page 460In South African law, it is generally accepted that it is in the interest of ... the time limit has expired, the duty to perform (debt)641 has prescribed. Found inside – Page 144It was the clear intention of the legislature that a 'judgment debt' was restricted to a judgment of a South African court and did not include that of a ... Found inside – Page 270A debt is extinguished upon the completion of the relevant period of prescription (section 10(1), embodying the common-law principle of 'strong' ... Found inside – Page 67ENFORCEMENT $ 60 : 95 Generally Although South Africa has no agency similar to the SEC in the United States , the ... 60 : 97 Prescription ( statute of limitations ) The extinction of debts by prescription is regulated by the Prescription Act ... Found inside – Page 243Extinctive prescription begins to run as soon as the debt is due. ... begins to run afresh 136 Saner, Prescription in South African Law, at pp 3–33. Found inside – Page 106... considered to have prescribed under South African legislation where the foreign law does not apply to matters of procedure and prescription of the debt ... Found inside – Page 19Cape of Good Hope (South Africa). Supreme Court. The debt was secured by a general bond for 4200 executed at Kimberley on the 29th September , 1884 , and duly registered in the Deeds Registry , Kimberley . The applicant's attorney filed ... Found inside – Page 508... Bank of Lisbon and South Africa Ltd v The Master supra at 291H - 294H ; Incledon ( Welkom ) ( Pty ) Ltd v QwaQwa Development B ... When Sanlam paid out the policies , the principal debt was extinguished . ... Finally , the prescription period of 30 years in s 1 of the Prescription Act relates to acquisitive prescription . This text examines all aspects of extinctive prescription, in an holistic fashion - the theory, the policies, and the practical application. Found inside – Page 439Classified and Annotated from 1910 South Africa ... 29 OF 1969 ( Prior to amendment by Act No . ... which , if this Act had not come into operation , would have applied to the prescription of a debt which arose or arises out of an advance or loan ... Found insideThe debtor is precluded from recovery of such payment by means of an enrichment action, even if he was ignorant of the prescription or paid the debt by ... Found inside – Page 3978 1 68 of 1969 ; they were in the Prescription Act 18 of 1943 . 2 Eg in the Prescription Act 68 of 1969 it also covers debts flowing from delictual obligations . See also Kerr Contract 560 fn 347 . 3 S 12 ( 1 ) . 4 S 12 ( 3 ) . 5 See the Prescription ... Found inside – Page 5... where Act or other legislation provides the company , the full names of the directors must be set out and where such a director otherwise ) debt Act sometimes provides otherwise for specific periods of prescription for is not a South African ... Found inside – Page 53The Police Amendment Act 47 of 1981 was assented to on 3 March 1981 and came into operation on 27 March 1981 . ... Appellant argued that the claim had prescribed in terms of the Prescription Act 68 of 1969 : Held , that the debt became ... Found insideThis Toolkit provides non-technical, practical help to enable officials to recognise conflict of interest situations and help them to ensure that integrity and reputation are not compromised. Found inside – Page 983.5 Prescription In terms of s 10 ( 1 ) read with s 11 ( d ) of the Prescription Act , 105 a debt arising from a contract of sale will be extinguished by prescription after a period of three years . The period of prescription starts to run , in terms of s 12 ... A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law. Found inside – Page 575In Zimbabwe , the Prescription Act of 1975 is squarely based on the 1969 Act . The Act covers acquisitive prescription , with which we are not here concerned , and the extinctive prescription of debts of all types . We are here concerned only ... Found inside – Page 18South Africa. time by means of legal proceedings instituted within six | rights and powers which a person who has a right ... law applies in shall commence to run , if at all , only on the day on which respect of the prescription of such debt . final ... Found inside – Page 116( v ) If the debts are equally onerous the payment is appropriated to the earliest in time ( Brink NO v The High Sheriff ( 1895 ) 12 SC 414 , Macrae v National Bank of South Africa Ltd 1927 AD 62 ) .95 ( b ) PRESCRIPTION Prescription , in terms of ... Found inside – Page 170governing prescription. The only legal system governing prescription that may be relevant will then be that of South Africa and then only for the light that ... Found inside[E] Prescription in South Africa The regulation of prescription by statutory ... Prescription Act of 1969.965 Under the Prescription Act judgment debts will ... The global economy has experienced four waves of rapid debt accumulation over the past 50 years. Found inside – Page 365Page Condition resolutive 84 330 suspensive 82 84 Consensus ( See Agreement ) Constitution , Republic of South Africa . ... to an order of specific performance 171 to achieve restitutio in integrum 336 ff Debt Prescription Act , meaning of term ... Found inside – Page 297523 The word " debt " in the Prescription Act 1969 must be given a wide and general meaning denoting not only a debt sounding in money which is due ... 527 528 529 Section 11 of the Prescription Act 1969 sets out the SOUTH AFRICA 297. The Customs modernization provisions has fundamentally altered the process by shifting to the importer the legal responsibility for declaring the value, classification, and rate of duty applicable to entered merchandise.Chapters cover entry ... Found inside – Page 386The Prescription Act 68 of 1969 provides for prescription periods in respect ... current “growing crisis with regard to medico-legal claims in South Africa. Found inside – Page 309South. Airica. Edward. Nathan. Sonnenbergs. George. van. l\liel