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INSOLVENCY_LAW_MRL_3701
- Class notes • 165 pages • 2023
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Study unit 1: Introduction to Insolvency Law 
 
Case Law: 
NB: Magnum Financial Holdings (Pty) Ltd (in Liquidation) v Summerly and another NNO 1984 (1) SA 160 (W) 
 
Meaning of “insolvency” 
 
Common meaning – a person is insolvent when he is unable to pay his debts, however, 
 
The legal test for insolvency is whether the debtor's liabilities, fairly estimated, exceed his assets, fairly valued. The inability to pay debts Is merely evidence of insolvency. 
 
A person who has insufficient ...
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