Application of the housing clause during mortgage foreclosure: a subsidiarity approach to the role of the National Credit Act (part 2)
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Tydskrif vir die Suid-Afrikaanse Reg
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In terms of common law doctrine, a mortgage is a limited real right that the creditor holds in the debtor's hypothecated land, Giving effect to the proportionality standard, Creditors need reasonable ways of knowing when the enforcement of their rights will violate the proportionality test, Providing the foundations for a subsidiarity-based approach to the application of the housing clause in mortgage foreclosure cases
Citation
2014 TSAR 508