Assignation/cession
This chapter compares the Scots and South African laws on assignation/cession. The transfer of a personal right from one creditor to another is termed ‘assignation’ in Scotland and ‘cession’ in South Africa. South African ‘cession’ and Scottish ‘assignation’ do not have quite the same scope. The mechanism of cession, the cessionary act, notice to the debtor, restrictions on the freedom to cede, defences, and security cessions are discussed.
Keywords: personal right, creditors, Scots law, South African law, cessions, debtors
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