Abstract
This dissertation considers the questions concerning the legal aspects relating to the development of money and payment in South African law. In attempting to answer the questions posed, the dissertation seeks to provide satisfactory definitions of money and payment drawing on local, foreign and international jurisprudence. The relationship between the bank and the customer is discussed, looking specifically at transactions dealing with cheques and electronic fund transfers (EFTs). Problematic questions such as moment of payment and whether countermanding an instruction is possible are considered. Further legal problems considered include posting of cheques and delivery of cheques in full and final settlement. Finally the question of enrichment is discussed briefly. The study indicates that the answers to the questions posed in the dissertation are complex and depend on various considerations.
LL.M. (Banking Law)
This dissertation considers the questions concerning the legal aspects relating to the development of money and payment in South African law. In attempting to answer the questions posed, the dissertation seeks to provide satisfactory definitions of money and payment drawing on local, foreign and international jurisprudence. The relationship between the bank and the customer is discussed, looking specifically at transactions dealing with cheques and electronic fund transfers (EFTs). Problematic questions such as moment of payment and whether countermanding an instruction is possible are considered. Further legal problems considered include posting of cheques and delivery of cheques in full and final settlement. Finally the question of enrichment is discussed briefly. The study indicates that the answers to the questions posed in the dissertation are complex and depend on various considerations.
LL.M. (Banking Law)