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FNB v Lynn
''First National Bank of SA Ltd v Lynn NO and Others''〔1996 (2) SA 339 (A).〕 is an important case in South African contract law, especially in the area of cession. It was heard in the Appellate Division by Joubert JA, Nestadt JA, Van den Heever JA, Olivier JA and Van Coller AJA on 19 September 1995, with judgment passed on 29 November. M. Tselentis SC (with him AC Thompson) was counsel for the appellant; MJD Wallis SC (with him LB Broster) appeared for the respondents.
== Cession ==
Cession is a particular method of transferring rights in a movable incorporeal thing in the same manner in which delivery or ''traditio'' transfers rights in a movable corporeal thing. It is in substance an act of transfer or ''oordragshandeling'' by means of which the transfer of a right (''translatio juris'') from the cedent to the cessionary is achieved. The transfer is accomplished by means of an agreement of transfer or ''oordrags-ooreenkoms'' between the cedent and the cessionary arising out of a ''justa causa'' from which the former's intention to transfer the right (''animus transferendi'') and the latter's intention to become the holder of the right (''animus acquirendi'') appears or can be inferred. It is an agreement to divest the cedent of the right and vest it in the cessionary.〔345F/G-H/I.〕
Logically speaking, as the court noted in the present case, a non-existent right of action or a non-existent debt cannot be transferred as the subject-matter of a cession.〔346C.〕 The parties may agree in the obligatory agreement to cede and transfer to the cessionary a future or contingent right of action (''spes futurae actionis''), or a future or conditional debt (''debitum conditionale'', ''debitum futurum'') as and when it comes into existence and accrues or becomes due and payable, whereupon it will be transferred to the cessionary. If it never comes into existence it will amount to a non-existent right of action or a non-existent debt which cannot qualify as the subject-matter of a cession.〔346F-G.〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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