MRL3701
ASSIGNMENT 1 (SEMESTER 1)
DUE: MARCH 2024
PREVIEW:
Question 1: (5 marks)
Indicate whether the following statements are TRUE (T) or FALSE (F) and provide a
reason or explanation for your answer.
a. An act of insolvency committed by a spouse married in community of property
operates as an act of insolvency by the guilty spouse.
b. During the period of insolvency, an insolvent is not allowed to acquire a new estate.
c. The insolvent may recover for his own benefit any pension to which he may be
entitled as this forms part of property that does not fall into the insolvent estate.
d. An insolvent who brings an action in the Magistrate’s Court is obliged by Rule
62(1)(b) of the Magistrate’s Court Rules to give security for the costs of the action
if the defendant requests it.
STUDENT GYDE
e. A debtor who has no assets and only liabilities can surrender his estate.
GUIDING STUDENTS ON THEIR ACADEMIC
JOURNEY
a. TRUE. In community of property marriages, the assets and liabilities of both spouses
form part of the joint estate. Therefore, an act of insolvency committed by one spouse
ASSIGNMENT 1 (SEMESTER 1)
DUE: MARCH 2024
PREVIEW:
Question 1: (5 marks)
Indicate whether the following statements are TRUE (T) or FALSE (F) and provide a
reason or explanation for your answer.
a. An act of insolvency committed by a spouse married in community of property
operates as an act of insolvency by the guilty spouse.
b. During the period of insolvency, an insolvent is not allowed to acquire a new estate.
c. The insolvent may recover for his own benefit any pension to which he may be
entitled as this forms part of property that does not fall into the insolvent estate.
d. An insolvent who brings an action in the Magistrate’s Court is obliged by Rule
62(1)(b) of the Magistrate’s Court Rules to give security for the costs of the action
if the defendant requests it.
STUDENT GYDE
e. A debtor who has no assets and only liabilities can surrender his estate.
GUIDING STUDENTS ON THEIR ACADEMIC
JOURNEY
a. TRUE. In community of property marriages, the assets and liabilities of both spouses
form part of the joint estate. Therefore, an act of insolvency committed by one spouse
