DEBT COUNSELLOR

DEBT COUNSELLOR: is a person that assists a consumer who is unable to make payment towards his/her credit providers, for example, to negotiate and rearrange his/her payments to credit providers. A debt counsellor also assists with an application for debt counselling and must have the required education, experience and so on, in order to register as a debt counselor with the National Credit Regulator.

Deed of Transfer - What does Deed of Transfer mean?

A document that proves ownership and contains important information about the property, for example, it identifies the property, the reason for transfer of ownership and the details of the old owner and the existing owner. 

Deeds Office

A government office that maintains a register of all property within its area.

Defaulting Mortgager

When a person (mortgagor) borrowed money from a financial institution (bank) to buy a property, breaches (default) the loan agreement (mortgage), which may lead to the sale of that property.

Defence

A reason the wrongdoer provides to remove or limit the claim of the plaintiff.

DEFENCE

DEFENCE: a reason the wrongdoer provides to remove or limit the claim of the plaintiff.

Defendant

The person against whom legal action has been instituted.

Delayed

Prescription is suspended (put on hold) to a later date and does not start running afresh.

Delictual Debt?

Where a debt arises from damages caused by the debtor to the creditor, for example, from a motor vehicle accident.

Dependant

A person who was reliant on the employee’s salary at the time of his/her death such as widower or child under the age of 18 years.

Disputes of Mutual Interest

When a dispute is not regulated by any law, but it is relevant to the workplace and the employment relationship. 

Divorce

Glossary of terms:

FAMILY ADVOCATE: an institution that assists with family matters, such as divorces, and makes recommendations in respect of the children’s best interests.

MARRIAGE IN COMMUNITY OF PROPERTY: there is one estate between the spouses. Property and debts acquired prior to or during the marriage are shared equally in undivided shares (50%). Both spouses are jointly liable to creditors. This marital regime automatically comes into existence unless another regime is selected.

MARRIAGE OUT OF COMMUNITY OF PROPERTY WITHOUT THE ACCRUAL SYSTEM: the spouses have their own estates which contain property and debts acquired prior to and during the marriage (“what is mine is mine and what is yours is yours”). Each spouse is separately liable to his/her creditors. Prior to the marriage, an ante nuptial contract must be entered into to indicate that the marriage will be out of community of property.

MARRIAGE OUT OF COMMUNITY OF PROPERTY WITH THE ACCRUAL SYSTEM: this is identical to a “marriage out of community of property” but the accrual system will be applicable. The accrual system is a formula that is used to calculate how much the larger estate must pay the smaller estate once the marriage comes to an end through death or divorce. The accrual system automatically applies, unless excluded in an ante nuptial contract. 

PROPERTY: all assets owned by a person, such as a house, vehicle and money.

Domestic Worker

A cleaner of or helper in a household; gardener; driver of a motor vehicle for a household; or a person who cares for children, the sick or aged. A farm worker is excluded.