It is a good idea to include the parties to a transfer agreement in a schematic scheme as follows. The obligations of a member of the assignment are also determined by the terms of the contract of engagement. It is therefore necessary for the parties to the assignment to clearly and unequivocally state the content and form of the assignment member`s obligations with respect to the rights transferred in the undertaking agreement, including in cases where the ceding party is not in default of secured debt. The main parties to any divestment agreement are the transferor and the transferee. The debtor is not a party to the transfer agreement, the debtor is content to fulfill his obligations. It is of course important to inform the debtor of any transfer agreement when the undertaking is due, otherwise he will perform the benefit to the wrong party. In this article, we discuss the role that disclosure to the debtor plays in the event of a safe assignment. In practice, the emphasis is on the Ced to notify the debtor of the assignment of the guarantee and the debtor to acknowledge receipt of the guarantee. Indeed, the granting and recognition of the market notice is generally a precondition for loans and divestitures of securities transactions, often because the main agreement (which is explained below) contractually prevents one of the parties from ceding the rights to it. The theoretical problem with divestment is that it covers two branches and does not fit easily into the two branches. This created conceptual confusion in the interpretation of the transfer agreements.
For example, a creditor may require a holding company (the “Cedent”) to sign a security assignment for a security interest held by the Cedent (for example. B a credit account (the “guaranteed debt”) for the principal debt of a subsidiary (the “debtor”). When you act for the divestment, you want to provide maximum protection for your client. If the security assignment does not contain an express clause of execution by parate, it is doubtful that the assignee will be able to dispose of the security interest transferred in the absence of an appropriate judicial decision, even if the debt is due. In Retmil Financial Services (Pty) Ltd/Sanlam Life Insurance Company Ltd e.a.  3 All SA 337 (WCC), the Court held that a transfer entitled to act as a survivor with respect to the surrendered right, and the assignee is required to exercise due diligence with respect to the surrendered right and to defend the interests of the Ce. If it acts for the assignee, this situation may be problematic and give rise to a claim against the assignee if the assignee has not performed his duties as intended in this case. A transfer to securityitatem debiti (also known as a security assignment) is when a debtor cedes certain individual non-corporal rights (the “main debt”) to a creditor.