1. As the rights of the personality are immaterial, the mode of transfer and transfer of this right is carried out by a contract of transfer. There are two theories on the transfer of security, the theory of deposit and a sloping assignment with the obligation to recover (reversion rights). The distinction between “pledge” and “out-and-out-abession” is this: an often overlooked principle is that surrender is incidental in nature. Its validity depends not only on respect for the common law, but also on the existence of a valid principal obligation. In the event of a safe transfer, the transfer provides debt relief for the guaranteed debt. These principles date back to a 1931 Appeal Division judgment (as at the time) in Kilburn v Kilburn and may even have existed before. This is the secondary nature of the transfer recently confirmed by the Supreme Court of Appeal (SCA) to Brayton Carlswald (Pty) Ltd and Another v Brews (245/2016)  ZASCA 68. The Tribunal considered whether he was legally entitled to give in a debt after the underlying obligation had been extinguished by payment. This is an important issue in the area of corporate rescue, as most companies in financial difficulty have an overdraft facility at a bank that is provided by a transfer of debtors. Many practitioners want or need to use the overdraft facility as working capital. However, the SCA found that at the time the bank abandoned the debt, nothing could be divested, as GD Brews had to pay the debts in accordance with its agreement with Brayton and JP Brews.
From a legal point of view, the transfer by transfer of a non-existent right is a nullity. The SCA also reviewed the authorized correspondence between the bank`s lawyers and the lawyers for LA DG Brews. It concluded that the parties clearly intended to transfer its full payment request to the bank. GD Brews attempted to amend its claim by stating that the assignment was a precondition for payment, but the Tribunal in particular dismissed this attempt as inconsistent with the assignment. In practice, the transfer process can be summed up as follows: the transfer is a bilateral legal act by which the Cedent transfers its rights to the transfer decision. The assignment can be conceived as a safe assignment or assignment. In the event of a safe assignment, the assignor transfers his right of action on a debt owed to him, said principal, to the custodian of the assignment, as a guarantee of the debt that the buyer owes to the ceding, so-called guaranteed debts. A right of appeal is the legal possibility of recovering the main debt. However, the property of the right remains owned by the Cedent, despite the transfer. The withdrawal agreement is entered into a commitment agreement such as a loan agreement or a sales contract.
The assignment obligation is fulfilled in a transfer agreement such as a transfer and deposit contract. The withdrawal agreement and the withdrawal obligation may be included in separate agreements or in an agreement. If the client . B is in default with the secured debt by not paying the credit, the assignee has the right, on that date, but not before, to realize his guarantee by exercising his recourse to recover the main debt and use the proceeds to settle the secured debt. Whether the underwriter can do so with the debt guaranteed before the debt is delayed is, as noted above, a question of fact that must be determined by the terms of the commitment agreement.