On constitutive formalities, estoppel and breaking the rules

Myburgh, Franziska (2016-08)

CITATION: Myburgh, F. 2016. On constitutive formalities, estoppel and breaking the rules. Stellenbosch Law Review, 27(2):254-272.

The original publication is available at https://journals.co.za/content/journal/jlc_slr

Article

This article focuses on the general rule in South African law that a successful reliance on estoppel should not result in the enforcement of an agreement prohibited by law.1 More particularly, it considers the application of the rule in the context of formally defective sales of land and suretyships, where section 2(1) of the Alienation of Land Act 68 of 1981 and section 6 of General Law Amendment Act 50 of 1956 respectively prescribe nullity in the event of formal non-compliance. The contention is that the blanket exclusion of estoppel here should be reconsidered.

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