For several decades the legal force provided by special and general notarial bonds was basically the same. This traditional view has been overturned by the Court of Appeal in the case of Cooper. The effect of this decision was that notarial bonds registered over specified movables gave no preference at all and were therefore worthless. The legislator has, however, tried to eliminate this unjust result by granting retrospective preference to such bonds by Act 57 of 1993 (which came into operation on 7 May 1993). The Notarial Bonds (Natal) Act 18 of 1932 has been repealed by the new act which made the main principles of the act applicable throughout the whole country. Although the new act provides uniform legal force throughout the Republic, there are still some shortcomings which must be addressed.
|Author||Erasmus CW du T|
|Alternative Title||Aspects regarding notarial mortgages|
|Degree Type||Masters degree|