Cooper V Die Meester
   HOME

TheInfoList



Click Here for Items Related To - Cooper V Die Meester
OR:
Cooper V Die Meester on:   [Wikipedia]   [Google]   [Amazon]

''Cooper NO en Andere v Die Meester en 'n Ander'', an important case in
South Africa South Africa, officially the Republic of South Africa (RSA), is the Southern Africa, southernmost country in Africa. It is bounded to the south by of coastline that stretch along the Atlantic Ocean, South Atlantic and Indian Oceans; to the ...
n
property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, r ...
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
, was heard in the Appellate Division on 7 November 1991, with judgment handed down on 5 March 1992.


Judgment

The Insolvency Act contains an exhaustive list of priorities of statutory preferences on insolvency. The court found that a special notarial bond over specified
movable property property is property that is movable. In common law systems, personal property may also be called chattels or personalty. In civil law systems, personal property is often called movable property or movables—any property that can be moved fr ...
, when that property has remained in the possession of the mortgagor until the sequestration of his estate, is not included in this list and accordingly does not confer a statutory preference in favour of the mortgagee. It follows, held the court, that the mortgagee has no preference above other concurrent creditors in respect of the free residue. The decision in the
Orange Free State The Orange Free State ( nl, Oranje Vrijstaat; af, Oranje-Vrystaat;) was an independent Boer sovereign republic under British suzerainty in Southern Africa during the second half of the 19th century, which ceased to exist after it was defeat ...
Provincial Division, in ''Cooper NO en Andere v Die Meester en 'n Ander'',1991 (3) SA 158. was thus reversed.


See also

*
South African property law South African property law regulates the "rights of people in or over certain objects or things." It is concerned, in other words, with a person's ability to undertake certain actions with certain kinds of objects in accordance with South African ...


References


Cases

* ''Cooper NO en Andere v Die Meester en 'n Ander'' 1991 (3) SA 158. * ''Cooper NO en Andere v Die Meester en 'n Ander'' 1992 (3) SA 60 (A).


Statutes

* Insolvency Act 24 of 1936. *
Prevention of Illegal Eviction from and Unlawful Occupation of Land Act The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) is an act of the Parliament of South Africa which came into effect on 5 June, 1998, and which sets out to prevent arbitrary evictions. In terms of the Constitutio ...
19 of 1998.


Notes

1992 in South African law 1992 in case law South African property case law Appellate Division (South Africa) cases {{SouthAfrica-case-law-stub