The obligations of the subject of the assignment, which we analyze in this article, are often overlooked. The obligations of the transferee member are governed by the law applicable to the nature of the security instrument, which establishes the safety and conditions of the undertaking agreement between him and the assignor. The commitment agreement is the agreement that justifies the obligation to withdraw. The performance of the assignment obligation is generally included in a transfer or transfer agreement. It is common for the obligation to transfer (contained in the agreement of commitment) and the performance or performance of the obligation to transfer (contained in the transfer or transfer agreement) to be included in a document and are subject to the same conditions, but the obligation to transfer and its execution remain separate legal acts. What is often overlooked is the principle that a transfer into nature is accessory. The case of Brayton Carlswald (Pty) Ltd and Another v Brews SCA illustrates the main principles surrounding this problem. It is essential that the transfer of a non-existent right be legally null and private (i.e., a claim to be surrendered must be an existing claim). If the Free Choice rules mentioned above have not been complied with, the security assignment is not valid. (a) obtain the prior consent of that other person, unless the proceeds of the sale are sufficient to cover the entirety of the debt protected by the interests of that person`s security or title; However, notification to the debtor is often seen as a contractual condition in the form of a precondition for the granting of a loan and the transfer of securities transactions.
The reason for this is the reduction of risks, including the removal of a contractual restriction in the main agreement on the possibility for the parties to cede the rights surrendered, and not a legal condition for a valid transfer of the guarantee. A debtor who is not aware of the assignment safely and who, in good faith, performs to the assignor in accordance with his contract with the assignor is immune from legal action. In cases where the Cede falls on the secured debt, z.B because it does not rem predicts the credit and the debtor does not know the assignment, the assignor cannot obtain ordinary benefits, the beneficiary of the transfer is not entitled against the debtor to the losses he could suffer because the benefit was provided to the assignor.