MRL3701 - STUDY UNIT 14 -
IMPEACHABLE DISPOSITIONS WITH
VERIFIED AND CORRECT ANSWERS
YEAR 2024/2025 LATEST
, MEANING OF DISPOSITION - CORRECT ANSWERS-S2 -
term "disposition" means 'any transfer or abandonment of rights
to property and includes a ale, lease, mortgage, pledge,
delivery, payment, release, compromise, donation, or any other
contract therefor, but doe not include a disposition in
compliance with an order of the court'
PROPERTY - CORRECT ANSWERS-S2 means movable or
immovable property, wherever situated within the Republic,
includes a contingent interest in property other than the
contingent interest of a fideicommissary heir or lagatee
Definition includes foreign assets; the purpose of the
expression 'wherever situated within the Republic' is not to limit
the operation of a sequestration order to property within the
Republic but to extend it to property beyond the territorial limits
of the court which granted the order
hence 'property' includes property situated outside the
Republic.
DISPOSITION - CORRECT ANSWERS-includes a contract
providing for the alienation or abandonment of rights to
property. Sometimes referred to as an 'uncompleted'
disposition. Contract of suretyship, although not specifically
mentioned in the definition, is a disposition, since it is a contract
which provides for a payment by the debtor.
FURTHER TRANSACTIONS WHICH HAVE BEEN HELD TO
BE DISPOSITIONS ARE: - CORRECT ANSWERS-1 Issuing of
a cheque by insolvent (both where bank account is in credit and
where he has been granted overdraft facilities;
2. a contract between the insolvent and a part indebted to him
in terms of which the latter is required to pay the amount of the
debt to a creditor of the insolvent.
IMPEACHABLE DISPOSITIONS WITH
VERIFIED AND CORRECT ANSWERS
YEAR 2024/2025 LATEST
, MEANING OF DISPOSITION - CORRECT ANSWERS-S2 -
term "disposition" means 'any transfer or abandonment of rights
to property and includes a ale, lease, mortgage, pledge,
delivery, payment, release, compromise, donation, or any other
contract therefor, but doe not include a disposition in
compliance with an order of the court'
PROPERTY - CORRECT ANSWERS-S2 means movable or
immovable property, wherever situated within the Republic,
includes a contingent interest in property other than the
contingent interest of a fideicommissary heir or lagatee
Definition includes foreign assets; the purpose of the
expression 'wherever situated within the Republic' is not to limit
the operation of a sequestration order to property within the
Republic but to extend it to property beyond the territorial limits
of the court which granted the order
hence 'property' includes property situated outside the
Republic.
DISPOSITION - CORRECT ANSWERS-includes a contract
providing for the alienation or abandonment of rights to
property. Sometimes referred to as an 'uncompleted'
disposition. Contract of suretyship, although not specifically
mentioned in the definition, is a disposition, since it is a contract
which provides for a payment by the debtor.
FURTHER TRANSACTIONS WHICH HAVE BEEN HELD TO
BE DISPOSITIONS ARE: - CORRECT ANSWERS-1 Issuing of
a cheque by insolvent (both where bank account is in credit and
where he has been granted overdraft facilities;
2. a contract between the insolvent and a part indebted to him
in terms of which the latter is required to pay the amount of the
debt to a creditor of the insolvent.
