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MRL3701 Assignment 02 (2).
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MRL3701 Assignment 02 (2).
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Name: Tetelo Senyolo Student number: 63232359 Due date: 25 April 2022 MRL370 1: First semester, Assignment 02 The case of Harksen v Lane 1998 (1) SA 300 (CC) Introduction The constitutionality of certain provisions (section 21,64 and 65) of the insolvency Act was brought before the constitutional court. Mrs Harks en married out of community of property to Mr Harksen and his estate was sequestrated. The provisions were alleged to be unconstitutional in that they impact on the affairs of a solvent s pouse upon the sequestration of the estate of an insolvent spouse Relevant provisions of the Act In terms of section 20(1) of the Act, the effect of the sequestration of the estate of an insolvent is to divest the insolvent of his or her and the best it in the master until a trustee has been appointed Thereafter the estate vests in the trustee Section 21(1) of the Act provides: a) A property of the solvent spouse acquired before her or his marriage to the insolvent or before 1 October 1926 b) Property acquired b y the solvent spouse under a marriage settlement c) Property acquired by the solvent spouse during the marriage by a tittle as against creditors of the insolvent d) Those policies of life insurance which are protected by the provisions of the insurance Act e) Prope rty acquired with or with the income or proceeds of, property referred to above. The category of the property acquired by the solvent spouse during the marriage by a valid title against creditors of the insolvent was substantially widened by section 22 of the matrimonial property Act: o Donations between spouses were made legal and enforceable, therefore the category of property which the solvent spouse may reclaim has been widened The facts The trustees caused the property of Mrs Harksen to be attached and none of it had been released to her Mrs Harksen was ordered to submit to section 64 and 65 hence this application to have the relevant sections declared unconstitutional. This study source was downloaded by 100000867994032 from CourseHero.com on 08-02-2023 12:21:05 GMT -05:00https://www.coursehero.com/file/147584801/MRL3701-Assignment-02-2pdf/
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