The obligations of a member of the assignment are also determined by the terms of the contract of engagement. It is therefore necessary for the parties to the assignment to clearly and unequivocally state the content and form of the assignment member`s obligations with respect to the rights transferred in the undertaking agreement, including in cases where the ceding party is not in default of secured debt. In practice, the transfer process can be summed up as follows: an often overlooked principle is that surrender in nature is accessorial. Its validity depends not only on respect for the common law, but also on the existence of a valid principal obligation. In the event of a safe transfer, the transfer provides debt relief for the guaranteed debt. These principles date back to a 1931 Appeal Division judgment (as at the time) in Kilburn v Kilburn and may even have existed before. This is the secondary nature of the transfer recently confirmed by the Supreme Court of Appeal (SCA) to Brayton Carlswald (Pty) Ltd and Another v Brews (245/2016) [2017] ZASCA 68. The Tribunal considered whether he was legally entitled to give in a debt after the underlying obligation had been extinguished by payment. The assignment is a bilateral legal act by which the Cedent transfers its rights to the transfer member.

The assignment can be conceived as a safe assignment or assignment. In the event of a safe assignment, the assignor transfers his right of action on a debt owed to him, said principal, to the custodian of the assignment, as a guarantee of the debt that the buyer owes to the ceding, so-called guaranteed debts. A right of appeal is the legal possibility of recovering the main debt. However, the property of the right remains owned by the Cedent, despite the transfer. The withdrawal agreement is entered into a commitment agreement such as a loan agreement or a sales contract. The assignment obligation is fulfilled in a transfer agreement such as a transfer and deposit contract. The withdrawal agreement and the withdrawal obligation may be included in separate agreements or in an agreement. As noted above, the SCA has established that a transfer is a bilateral legal act by which the Cedent transfers its rights to the members of the assignment. No formality is required for the agreement of commitment or the deed of surrender itself, although the parties may agree on formalities to which the assignment must be completed. The assignment may be express or implied or may be deducted from the conduct of the parties. While the assignment does not need to be reduced to the letter, the parties may agree that it must be written, but it is only valid if it is reduced to the letter.