Mrl3701 insolvency law notes Study guides, Class notes & Summaries

INSOLVENCY LAW_ MRL3701 SUMMARY NOTES WITH QUESTIONS. 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 eviden...

Study notes for Unisa students: MRL3701 – INSOLVENCY LAW Downloaded by Emma Cain () lOMoARcPSD| Study Notes24 2 by Carella Holdings (Pty) Ltd. TABLE OF CONTENTS: STUDY UNIT 1 INTRODUCTION TO INSOLVENCY LAW 4 STUDY UNIT 2 – 3 VOLUNTARY SURRENDER 10 STUDY UNIT 4 – 5 COMPULSORY SEQUESTRATION 20 STUDY UNIT 6 THE LEGAL POSITION OF THE INSOLVENT 35 STUDY UNIT 7 VESTING OF THE ASSETS OF THE INSOLVENT 43 STUDY UNIT 8 VESTING OF THE ASSETS OF THE SOLVENT SOUSE 50 STUDY UNIT 9 – 1...

MRL3701 STUDY NOTES. MRL3701 - Insolvency Law. INTRODUCTION TO INSOLVENCY LAW Identify the problem faced by the court in Magnum Financial Holdings. The only problem before the court was whether a trust could, at law, be sequestrated. Summarise the authority which the court relied on to solve the problem which it faced. No South African case seemed to have dealt with whether a trust could be sequestrated in terms of section 9(1) read with the definition of “debtor” in section 2 of 16 t...

MRL3701-INSOLVENCY LAW SUMMARY NOTES . STUDY UNIT 1 INTRODUCTION TO INSOLVENCY LAW Identify the problem faced by the court in Magnum Financial Holdings. The only problem before the court was whether a trust could, at law, be sequestrated. Summarise the authority which the court relied on to solve the problem which it faced. No South African case seemed to have dealt with whether a trust could be sequestrated in terms of section 9(1) read with the definition of “debtor” in section 2 of ...

MRL3701-Insolvency Law SUMMARY NOTES WITH QUESTIONS. 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 o...