The general hypothecation of movable property in South African law

Reghard Brits

Chapter 5 in Floating Charges in Comparative Perspective, 2025, pp 180-199 from Edward Elgar Publishing

Abstract: This chapter discusses the general hypothecation of movable property in South Africa through the registration of a so-called general notarial bond, which has its historical roots in the general hypothecation of property in Roman and Roman-Dutch law. The chapter explains how this rough equivalent of a floating charge obtains third-party effect by setting out the legal principles applicable to general notarial bonds. It starts with a discussion of the broader field of security rights pertaining to movable property to illustrate how the general notarial bond relates to other security devices. The focus then shifts to the legal nature and consequences of the general notarial bond and distinguishing between perfected and unperfected bonds. The chapter concludes that the general notarial bond is still a useful and popular security device in South Africa, even though there is room for improvement.

Keywords: General hypothecation; Security; General notarial bond; South Africa; Perfection; Pledge (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035317134
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