RRLLB81
Assignment 2 Semester 2 2025
Unique #:
Due Date: September 2025
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, Impeachable dispositions in Law of Insolvency
By
[RRLLB81 STUDENT]
(012345678)
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR: PROF MM MONYAKANE
RRLLB81 ASSESSMENT 2 / FINAL PORTFOLIO
(DUE DATE: September 2025)
ABSTRACT
Varsity Cube 2025 +27 81 278 3372
, This research explores impeachable dispositions in South African insolvency law,
with a focus on whether the sale of an insolvent‘s asset at a bargain price can be set
aside under the Insolvency Act 24 of 1936. The study examines the legal principles
surrounding dispositions without value and the requirement of quid pro quo,
considering statutory provisions, judicial interpretation, and scholarly commentary.
Central to the analysis are landmark cases such as Bloom’s Trustee v Fourie 1921
TPD 599, Hendriks N.O. v Swanepoel 1962 (4) SA 338 (A), and the recent decision
in Strydom N.O. v Snowball Wealth (Pty) Ltd 2022 (5) SA 438 (SCA). By engaging
with academic works, including Hockly‘s Insolvency Law and Mars: Law of
Insolvency in South Africa, as well as recent journal discussions, the research
evaluates when dispositions should be impeached. The findings highlight the
delicate balance between contractual freedom and the protection of creditors in
insolvency proceedings.
KEYWORDS
Insolvency law
Impeachable dispositions
Dispositions without value
Quid pro quo
Creditors‘ protection
LIST OF ABBREVIATIONS AND ACRONYMS
Varsity Cube 2025 +27 81 278 3372
Assignment 2 Semester 2 2025
Unique #:
Due Date: September 2025
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, Impeachable dispositions in Law of Insolvency
By
[RRLLB81 STUDENT]
(012345678)
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR: PROF MM MONYAKANE
RRLLB81 ASSESSMENT 2 / FINAL PORTFOLIO
(DUE DATE: September 2025)
ABSTRACT
Varsity Cube 2025 +27 81 278 3372
, This research explores impeachable dispositions in South African insolvency law,
with a focus on whether the sale of an insolvent‘s asset at a bargain price can be set
aside under the Insolvency Act 24 of 1936. The study examines the legal principles
surrounding dispositions without value and the requirement of quid pro quo,
considering statutory provisions, judicial interpretation, and scholarly commentary.
Central to the analysis are landmark cases such as Bloom’s Trustee v Fourie 1921
TPD 599, Hendriks N.O. v Swanepoel 1962 (4) SA 338 (A), and the recent decision
in Strydom N.O. v Snowball Wealth (Pty) Ltd 2022 (5) SA 438 (SCA). By engaging
with academic works, including Hockly‘s Insolvency Law and Mars: Law of
Insolvency in South Africa, as well as recent journal discussions, the research
evaluates when dispositions should be impeached. The findings highlight the
delicate balance between contractual freedom and the protection of creditors in
insolvency proceedings.
KEYWORDS
Insolvency law
Impeachable dispositions
Dispositions without value
Quid pro quo
Creditors‘ protection
LIST OF ABBREVIATIONS AND ACRONYMS
Varsity Cube 2025 +27 81 278 3372
