12
12
12
(APPELLATE DIVISION)
and
et Nicholas AJA
J U D G M E N T
CORBETT CJ:
(Pty) Ltd v Ramdass 1985 (2) SA 111 (D) Friedman J held that
follows:
law has departed from the Roman law in this regard (see
p 152).
suretyship ("borgtogt") as -
Obligations, par 383 put the position under Roman Law thus
that a person cannot stand as surety for his own debt (see
81 B) -
enforceable one.
gehef."
debts" (see Lee & Honore, Family, Things and Succession, 2nd
Cross v Pienaar en 'n Ander 1978 (4) SA 943 (T), at 949 F-G),
overdrawn.
the estate of the spouse who incurred it and for half the
amount against the estate of the other spouse; and that the
liability for the joint debts of the community (at the time
enforceable.
Senekal 1977 (2) SA 587 (W); Paget's Law of Banking, 9th ed,
under his control, but these did not include the bank
one. The main differences were that (a) in that case the
which did not form part of the joint estate, and (b) husband
and wife were still married to one another at the time when
23
she was in effect standing surety for herself and that this
follows:
(1) It does not follow from the fact that the joint
under (3) may, given the proper facts, be sound in the sense
25
to (4), the fact that the wife may have assets outside the
of the partnership) -
community.
M M CORBETT
HEFER JA)
NESTADT JA) CONCUR
F H GROSSKOPF JA)
NICHOLAS AJA)