Mrl3701 exam question and answers Study guides, Class notes & Summaries
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MRL3701 EXAM PACK 2024
- Exam (elaborations) • 485 pages • 2023
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MRL3701 
INSOLVENCY LAW 
PAST EXAM PACK QUESTIONS AND ANSWERS 
SUMMARISED NOTES 
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MRL 3701 
OCTOBER/NOVEMBER 2018 
QUESTION 1 
a) Inability to pay debts is, at most merely evidence of insolvency. (page 3) 
b) Brenda’s application for voluntary surrender must be set out the causes of her 
insolvency in some detail to enable the court to determine whether the 
application is ......................... 
c) Christopher commits an act of insolvency by depar...
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MRL3701 PORTFOLIO MEMO - OCT./NOV. 2023 - SEMESTER 2 - UNISA - DUE 26 OCTOBER 2023 - DETAILED ANSWERS WITH FOOTNOTES & BIBLIOGRAPHY- DISTINCTION GUARANTEED!
- Exam (elaborations) • 18 pages • 2023
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MRL3701 PORTFOLIO MEMO - OCT./NOV. 2023 - SEMESTER 2 - UNISA - DUE 26 OCTOBER 2023 - DETAILED ANSWERS WITH FOOTNOTES & BIBLIOGRAPHY- DISTINCTION GUARANTEED! 
 
Question 1 
CONFIDENTIAL 
8 of 11 
1.1 Explain when a formal defect in an application for the sequestration of an insolvent estate will be considered as fatal. (5) 
1.2 Explain why the court in Ex Parte Arntzen (Nedbank Ltd as Intervening Creditor) 2013 (1) SA 49 (KZP) held that creditors are more vulnerable in voluntary surrender appli...
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MRL3701 EXAM PACK.
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MRL3701 
EXAM PACK. 100% CORRECT questions, answers, workings and explanations. Question 1 
1.1 Briefly explain what is meant by the concept of “concursus creditorum”. (5) 
(Your answer must not exceed half a page or 120 words) 
1.2 Explain why the court in Ex Parte Arntzen (Nedbank Ltd as Intervening Creditor) 2013 
(1) SA 49 (KZP) held that creditors are more vulnerable in voluntary surrender 
applications than in compulsory sequestration which then gives rise to the requirement 
of a high...
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MRL3701 EXAM PACK ANSWERS AND 2021 BRIEF NOTES
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MRL3701 EXAM PACK ANSWERS AND 2021 BRIEF NOTES.ENCY LAW (MERCANTILE LAW 1 MODULE 3701) 
Duration : 2 Hours 100 Marks 
QUESTION 1 
Fill in the missing words or word: 
(a) A debtor’s estate is sequestrated, not the debtor himself. (2) 
(b) The debtor need not have ordinarily resided or carried on business for the entire 12 
months preceding the sequestration application: ordinary residence or conduct of 
business at any time during that period suffices. (2) 
(c) Free residue’ is defined in s 2...
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Exam (elaborations) MRL 3701 INSOLVENCY LAW EXAM PACK ANSWERS (2019 -2014) AND 2020 BRIEF NOTES
- Exam (elaborations) • 482 pages • 2021
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MRL 3701 INSOLVENCY LAW EXAM PACK ANSWERS (2019 -2014) AND 2020 BRIEF NOTES 
MRL 3701 
OCTOBER/NOVEMBER 2018 
QUESTION 1 
a) Inability to pay debts is, at most merely evidence of insolvency. (page 3) 
b) Brenda’s application for voluntary surrender must be set out the causes of her 
insolvency in some detail to enable the court to determine whether the 
application is ......................... 
c) Christopher commits an act of insolvency by departing from his dwelling with the 
intent by doin...
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MRL3701 INSOLVENCY LAW EXAM PACK ANSWERS AND BRIEF NOTES 2021 .
- Exam (elaborations) • 50 pages • 2022
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MRL3701 INSOLVENCY LAW EXAM PACK ANSWERS AND BRIEF NOTES 2021 . QUESTION 1 
Fill in the missing words or word: 
(a) A debtor’s estate is sequestrated, not the debtor himself. (2) 
(b) The debtor need not have ordinarily resided or carried on business for the entire 12 
months preceding the sequestration application: ordinary residence or conduct of 
business at any time during that period suffices. (2) 
(c) Free residue’ is defined in s 2 as ‘that portion of the estate which is not subject...
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MRL3701
- Exam (elaborations) • 204 pages • 2023
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MRL3701 EXAM PACK ANSWERS AND 2021 BRIEF NOTESSection 2 of Act – Definitions 
'debtor', in connection with the sequestration of the debtor's estate, means a person or a 
partnership or the estate of a person or partnership which is a debtor in the usual sense of the 
word, except a body corporate or a company or other association of persons which may be placed 
in liquidation under the law relating to Companies. 
A body corporate established in terms of the Sectional Titles Act, 95 of 2986,...
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MRL3701 - EXAM PACK.
- Exam (elaborations) • 52 pages • 2022
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MRL3701 - EXAM PACK. 
OCTOBER / NOVEMBER 2019 EXAMINATION PAPER AND ANSWERS 
QUESTION 1 - FILL IN THE BLANKS 
(a) The term "debtor" also embraces a partnership, even one whose members are all JURISTIC 
persons (2) 
(b) The free residue includes the balance of the proceeds of ENCUMBERED 
property after discharge of the encumbrances 
(c) A "liquidated claim " is a MONEY claim 
(2) 
(2) 
(d) An application for compulsory sequestration brought by a creditor who Is not at 
arm's length Is genera...
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MRL3701 LATEST EXAM PACK.
- Exam (elaborations) • 60 pages • 2022
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MRL3701 LATEST EXAM PACK. 
QUESTIONS AND ANSWERS FROM 
2015 TO 2020 
MAY 2020 Q & A 
NOV 2019 Q & A 
MAY 2019 Q & A 
OCT 2018 Q & A 
MAY 2018 Q & A 
NOV 2017 -Q & A 
NOV 2016 Q & A 
JUNE 2016 Q & A 
NOV 2015 Q & A. 
2020 – MAY / JUNE EXAMINATION PAPER 
Question 1 
Fill in the missing words: 
(a) The term "debtor" also embraces a person who is incapable of managing 
his own affairs. (2) 
(b) Thabo’s application for voluntary surrender must contain an allegation that it will be to 
the advan...
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MRL3701 EXAM PACK ANSWERS AND 2021 BRIEF NOTES.
- Exam (elaborations) • 87 pages • 2022
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MRL3701 EXAM PACK ANSWERS AND 2021 BRIEF NOTES. Study unit 12 - MEETINGS OF CREDITORS AND PROOF OF CLAIMS 
You are the trustee of Tenza’s insolvent estate. You have discovered that Tenza paid 
Bobby, Cynthia, and Donald within six months of the sequestration of his estate, for reasons 
that remain unclear. You wish to question Bobby, Cynthia, and Donald about these 
payments. On what occasions could they be questioned? 
Because a trustee has been appointed in respect of Tenza’s insolvent est...
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