| Commentary

43 Right of redemption

| Commentary

F: REDEMPTION AND DISCHARGE

1: REDEMPTION

43 Right of redemption

The right or equity of redemption is a right incident by English law to every mortgage, legal or equitable, and cannot be clogged by conditions which might nullify it. This doctrine of clogging is directed against oppressive conditions, but it does not prevent persons, who are sui juris and of competent understanding, from entering into a fair mutually beneficial agreement as to the time and terms of redemption1. Under the Companies Act 2006 it is specifically enacted that debentures2 can be made to be irredeemable or

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