Maryna holds the BA, LLB, LLM degrees and is a Director at the Cape Town branch of STBB. She is an admitted Attorney, Notary Public, Conveyancer and Insolvency Practitioner with many years of experience in the fields of property law, conveyancing and the laws relating to corporate compliance (especially in respect of the FICA and POPIA laws). Up until 2018 she was also head of the firm’s national marketing portfolio. She is a seasoned public speaker and presenter, both in person and online. She prepares text for the majority of STBB’s internal and external publications and is editor and co-writer for two pivotal publications in the South African real estate industry – the ABC of Conveyancing (JUTA) and Delport’s South African Property Law and Practice (JUTA).

Property Law Update | Issue 12 – 2018

ESCAPING LIABILITY UNDER A SURETYSHIP: WHEN THE LENDER MUST BE UPFRONT WITH DETAILS

Absa Bank Limited v Van Eeden and Others (4078/2012) [2018] ZAECPEHC 14 (27 March 2018)

Generally, when one puts pen to paper as a borrower or surety, it is your own responsibility to acquaint yourself with the details of the transaction and responsibility undertaken. However, as this case shows, there are limitations and in very specific circumstances, the lender (in this instance the bank) has a duty to disclose certain details within its knowledge. Failure to do so, allows the surety to escape liability under the suretyship.

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The Judgment
Summary of the Judgment

STBB’s STSMA REFERENCE GUIDE

In this, the fifty-fourth set of notes for your STSMA Reference Guide, Prescribed Conduct Rule 2 is discussed.

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Prescribed Conduct Rule 2
(N.B. Print in landscape)

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