Uncategorized Sections


84.   Special provisions in case of goods delivered to a debtor in terms of an instalment agreement.(1)  If any property was delivered to a person (hereinafter referred to as the debtor) under a transaction that is an instalment agreement contemplated in paragraph (a), (b), and (c) (i) of the definition of “instalment agreement” set out in section 1 of the National Credit Act, 2005, such a transaction shall be regarded on the sequestration of the debtor’s estate as creating in favour of the other party to the transaction (hereinafter referred to as the creditor) a hypothec over that property whereby the amount still due to him under the transaction is secured. The trustee of the debtor’s insolvent estate shall, if required by the creditor, deliver the property to him, and thereupon the creditor shall be deemed to be holding that property as security for his claim and the provisions of section 83 shall apply.

[Sub-s. (1) amended by s. 172 (2) of Act No. 34 of 2005.]

(2)  If the debtor returned the property to the creditor within a period of one month prior to the sequestration of the debtor’s estate, the trustee may demand that the creditor deliver to him that property or the value thereof at the date when it was so returned to the creditor, subject to payment to the creditor by the trustee or to deduction from the value (as the case may be) of the difference between the total amount payable under the said transaction and the total amount actually paid thereunder. If the property is delivered to the trustee the provisions of subsection (1) shall apply.

[S. 84 amended by s. 23 of Act No. 36 of 1942, substituted by s. 11 of Act No. 101 of 1983 and amended by s. 172 (2) of Act No. 34 of 2005.]