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Showing 1 to 2 of 2 for “"Prohibition on transfer"”.
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The Pactum De Non Cedendo: through a constitutional lens
… African law governing the doctrine of pacta de non cedendo complies with the constitutional mandates imposed by our Constitution. In terms of the current law a pactum de non cedendo will only be accorded validity if the debtor is able to demonstrate a substantial interest in the prohibition …
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The pactum de non cedendo :a re-evaluation
Since the pactum de non cedendo is prohibitory by its nature and operation, our law should have proceeded with caution when determining its effect. This, unfortunately, is not what transpired in the locus classicus decision. Nor did subsequent cases correct this fatal ratio. The distressing truth …