Transfer Of Title Agreement Deutsch

As mentioned earlier, the seller should not be the owner of the thing he sells. However, in most cases, he is required to transfer the property. This duty, while seeming to be akin to common sense, has been discussed in South African law. The uncertainty was caused in particular by Wessels JA`s statements in the Kleynhans Brothers v Wessels Trustee case. [111] This debate[112] will be discussed in due course. Having said that, it is now much more difficult to demonstrate a loan agreement than under the common law. It`s because of the legislation. If it is a credit, it is subject to the requirements of the National Credit Act. Constructive delivery concerns the various methods of transfer of ownership in which the physical transfer of the res vendita is not carried out. There are five methods of constructive delivery: A transport is normally carried out with a support instrument. It is a written instrument or contract that outlines the obligations and responsibilities of the buyer and seller, including the purchase price, the date of the transfer and all other conditions related to the sale. The instrument can be an act or a lease agreement – a document that transfers the title of a property from the seller to the buyer.

The seller is not responsible for illegal infringements on the buyer`s possession. A liability is incurred only if the disturbance is due to a lack of ownership of the seller. The error must have existed at the time of the sale or, if it was born later for sale, be due to the seller`s own action. The evacuation therefore does not cover situations in which the sale is cancelled by the court or when the property is bound by the seller`s creditors before the property is passed. The test to find out if the buyer is entitled to the redhibition is objective. In Reid Brothers v. Bosch,[151] the test was expressed in two ways: a property owner may also have non-exclusive rights to third parties for the use of the property, z.B. The right of access through the property, grant. These rights are generally referred to as service services and are binding on the rights holders of the person who granted the original right, provided they are properly drafted and recorded in the title document.

(It is also possible to acquire these rights through the prescription principle if they have been used for a few years without objection.) The concept of transportation is often associated with real estate transactions. The placement of the property is also referred to as mediation and the legal representative who oversees the process can be described as a developer. In the case of real estate transactions, a so-called transport tax or a tax on land transfers is often generated. This tax is levied on the transfer of ownership at the regional, regional or local level. If the actio quanti minoris is used, the buyer is entitled, if successful, to the return of part of the purchase price. [157] The actual amount is calculated on the basis of the difference between the purchase price and the actual value of the thing sold. The sale is a contract of the right of the nations, and thus is concluded by simple agreement. [3] There is no sale without price.

[4] There can be no sale without selling anything. [5] In the absence of an agreement (explicit or implied) to grant a credit, any sale is considered a cash sale. [49] The point is well illustrated in Daniels v Cooper. [50] If the object has been destroyed by the defect itself or as part of its normal or accidental use, the buyer is still entitled to asphyxiation. [153] [154] [155] Buying and selling (emptio venditio) is a reciprocal contract for the transfer of ownership of a thing for a price. It has three essential conditions: approval (consensus ad ditto); one thing sold (merx); and a price (pretium). [8] It is not necessary for the property to be transferred from the seller to the buyer. Although parties to a sale generally consider it, it is not an essential feature of a sales contract and sales from non-owners are permitted (as we have seen).