NOTARIAL PRACTICE LPL4805 Super Semester_201_3__2021
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Course
LAW LPL4805 (LAWLPL4805)
Institution
University Of South Africa
Tutorial Letter 201/3/2021
NOTARIAL PRACTICE LPL4805 Super Semester
LPL4805
Super Semester
Department of Private Law
Dear Student
In this tutorial letter, we provide you with the memoranda for the two compulsory assignments and the suggested answers to...
This tutorial letter contains important
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module.
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, LPL4805/201
Dear Student
In this tutorial letter, we provide you with the memoranda for the two compulsory
assignments and the suggested answers to the self-assessment assignment.
IMPORTANT NOTICE
Check timeously that you are eligible to write the examination, in other words, that the
University has received and assessed your compulsory assignments and that your
marks have been recorded.
MEMORANDUM FOR FIRST COMPULSORY ASSIGNMENT 01
QUESTION
B receives a large cheque as payment from one of his clients, but the bank dishonours
the cheque. In order to get a liquid claim immediately, B instructs X, his notary, to assist
him
(B) with the necessary legal processes. Explain to B what legal processes his notary has
to follow in order to secure the liquid claim. Explain to B what the processes mean and
their importance. (10)
Suggested answer:
When a bill is dishonoured by non-acceptance or non-payment, the holder of the bill
must approach a notary to note and protest this state of affairs. The notary's initial
task is to present the bill once again. If the bill is again dishonoured, the notary
drafts a short report or noting slip in which he or she notes the dishonour in writing.
The noting slip is therefore a short note in which the notary factually confirms the
presentment of the bill and the reaction to the presentment. It would be advisable
for the notary to initial the bill and identify it with a number in the protocol register,
referring to where the copy of the bill and the duplicate original noting slip is filed.
Thereafter, the notary will prepare a protest which is the formal written report by a
notary in which he or she states that the bill was dishonoured, and that the holder
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intends to claim the amount of the bill together with all the costs that he or she had
to incur in respect thereof.
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The purpose of notarial noting and protest is to create authentic evidence that a
negotiable instrument was duly presented (for acceptance or payment), and that it
was dishonoured after presentment. When a notarial noting and protest is drafted
by a notary, this is prima facie evidence of the facts contained therein, and it may not
be contested in preliminary trial proceedings. It may only be contested at the main
trial.
Study unit 7 (10)
MEMORANDUM FOR SECOND COMPULSORY ASSIGNMENT – SEMESTER TWO
Choose the correct answer:
1. Felicia and her partner agreed in principle that they would marry out of community
of property. On the morning of the wedding, they are informed that their
antenuptial contract must be entered into or executed before the marriage is
solemnised. The wedding is scheduled to take place at 15:00. Is it possible for the
couple to enter into and execute a valid antenuptial contract on their wedding day?
1) It is never a good idea for a couple to enter into an antenuptial contract
on the day of their marriage.
2) An antenuptial contract may be entered into or executed on the day of
the solemnisation of the marriage, as long as it is done before the
marriage is solemnised.
3) An antenuptial contract may be entered into or executed on the day of
the solemnisation of the marriage, as long as the court authorises the
contract.
4) An antenuptial contract may be entered into or executed on the day of the
marriage if the marriage officer allows it.
The correct answer in this case is (2).
2. Which one of the following statements describes the right that a servitude holder
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