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You searched for subject:(mortgage repossession). Showing records 1 – 2 of 2 total matches.

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University of KwaZulu-Natal

1. Sham, Nikhil. Executed in execution : discussion and suggestions regarding the immovable property foreclosure process in South Africa.

Degree: 2017, University of KwaZulu-Natal

The right to housing is not only important because of its socio-economic role in society – also because of our racially and socio-economically divided past. Despite the vital function housing plays, manifested in the constitutional aegis of Section 26, our legislature has failed to enact specific legislation that enunciates a tailor-made procedure and clarifies the substantive rights that homeowners should enjoy against their homes being sold in execution. Consequently, this drastic procedure which deprives often the most vulnerable of society their shelter, has been left to be mainly regulated by court rules. These rules are outdated and I assert that it certainly does not reflect the full level of protection the Constitution intended to give home owners. Due to the apparent failure of the legislature, the responsibility has fallen to the judiciary to prevent injustices from occurring. The Constitutional Court (hereinafter ‘the CC’) has had to significantly develop our law as evidenced in Jaftha v Schoeman and Others; Van Rooyen v Stoltz and Others 2005 (2) SA 140(CC) and Gundwana v Steko Development CC and Others 2011 (3) SA 608 (CC); however as the dates indicate – progress has been painstakingly incremental. Taking the 10 year period between from 2006 to 2015 statistics show that 112,325 properties in South Africa were sold in execution - over 11 000 a year. This is exponentially higher than both the United States of America and the United Kingdom over the same period of time. To exacerbate the situation, the majority of these properties have been sold below market value – with many being sold for 30% or more below their market value. Despite judicial progress being made in this field and the legislature putting forward a bill to amend the court rules progressively, reports persist of members of the public being short-changed by unscrupulous mortgagees. This study will focus on the current judicial procedure that needs to be followed for immovable property1 to be sold in execution of an outstanding and overdue debt. It will further critique the progress that has been made and suggest the progress that needs to be made. Particular attention will be paid to Section 26 of the Constitution and the way it has and should direct the realisation of the right of access to housing. Advisors/Committee Members: Swales, Lee. (advisor).

Subjects/Keywords: Immovable property.; Mortgage bond.; Execution.; Housing clause.; Repossession and foreclosure.

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APA (6th Edition):

Sham, N. (2017). Executed in execution : discussion and suggestions regarding the immovable property foreclosure process in South Africa. (Thesis). University of KwaZulu-Natal. Retrieved from http://hdl.handle.net/10413/15030

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16th Edition):

Sham, Nikhil. “Executed in execution : discussion and suggestions regarding the immovable property foreclosure process in South Africa.” 2017. Thesis, University of KwaZulu-Natal. Accessed October 23, 2019. http://hdl.handle.net/10413/15030.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7th Edition):

Sham, Nikhil. “Executed in execution : discussion and suggestions regarding the immovable property foreclosure process in South Africa.” 2017. Web. 23 Oct 2019.

Vancouver:

Sham N. Executed in execution : discussion and suggestions regarding the immovable property foreclosure process in South Africa. [Internet] [Thesis]. University of KwaZulu-Natal; 2017. [cited 2019 Oct 23]. Available from: http://hdl.handle.net/10413/15030.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Sham N. Executed in execution : discussion and suggestions regarding the immovable property foreclosure process in South Africa. [Thesis]. University of KwaZulu-Natal; 2017. Available from: http://hdl.handle.net/10413/15030

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation


Université du Luxembourg

2. Beka, Anthi. The ex officio doctrine in European consumer law. A procedural tool reinvigorating individual consumer litigation.

Degree: 2015, Université du Luxembourg

The thesis delves into the theoretical underpinnings of the establishment of the powers of national courts to raise pleas of Union consumer law of their own motion and examines the novel dimensions this opens for individual consumer litigation. In an extensive line of case-law the Court of Justice has built the principle of an active court in individual consumer litigation around the concepts of effectiveness of mandatory rules of consumer law and weaker party protection. Such understanding of judicial powers has been formulated, in certain circumstances, independently from the respective national procedural rules. The thesis analyses the question in terms of a Union consumer ex officio doctrine, presents its implications from a civil justice perspective and its important contribution for the effective judicial protection of consumers and Union citizens. Advisors/Committee Members: Poillot, Elise [superviser], Neframi, Eleftheria [president of the jury], Skouris, Vassilios [member of the jury], Reich, Norbert [member of the jury], Twigg-Flesner, Christian [member of the jury], Fenrández-Seijo, José-María [member of the jury].

Subjects/Keywords: effective legal protection of consumer; court raising pleas of its own motion; procedural autonomy; weaker party; procedural imbalance; mortgage repossession; Law, criminology & political science :: European & international law [E05]; Droit, criminologie & sciences politiques :: Droit européen & international [E05]; Law, criminology & political science :: Judicial law [E06]; Droit, criminologie & sciences politiques :: Droit judiciaire [E06]

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6th Edition):

Beka, A. (2015). The ex officio doctrine in European consumer law. A procedural tool reinvigorating individual consumer litigation. (Doctoral Dissertation). Université du Luxembourg. Retrieved from http://orbilu.uni.lu/handle/10993/20772

Chicago Manual of Style (16th Edition):

Beka, Anthi. “The ex officio doctrine in European consumer law. A procedural tool reinvigorating individual consumer litigation.” 2015. Doctoral Dissertation, Université du Luxembourg. Accessed October 23, 2019. http://orbilu.uni.lu/handle/10993/20772.

MLA Handbook (7th Edition):

Beka, Anthi. “The ex officio doctrine in European consumer law. A procedural tool reinvigorating individual consumer litigation.” 2015. Web. 23 Oct 2019.

Vancouver:

Beka A. The ex officio doctrine in European consumer law. A procedural tool reinvigorating individual consumer litigation. [Internet] [Doctoral dissertation]. Université du Luxembourg; 2015. [cited 2019 Oct 23]. Available from: http://orbilu.uni.lu/handle/10993/20772.

Council of Science Editors:

Beka A. The ex officio doctrine in European consumer law. A procedural tool reinvigorating individual consumer litigation. [Doctoral Dissertation]. Université du Luxembourg; 2015. Available from: http://orbilu.uni.lu/handle/10993/20772

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