Summary
Full summary of MRL3701 for the whole semester
- Institution
- University Of South Africa (Unisa)
A detailed summary of all the course work covered in semester one.
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MRL3701 - Insolvency Law, Debt Collection Road Map
Individual Collective
(Sequestration)
Various Methods
Attempts by creditors
before sequestration
Insolvency Debtor's Estate
Assets Liabilities
(Fairly (Fairly
valued) valued)
Sequestration Sequestration
Voluntary Compulsory
Surrender Sequestration
(Debtor applies) (Creditor applies)
Sequestrating - court order
, ' animus contrahendi intention to contract
bona fides good faith
bona fide in good faith
cessio bonorum transfer of property
contra bonos mores against good morals
curator ad litem curator for the conduct of a lawsuit
curator bonis curator to administer someone else’s assets on his
behalf
de facto in fact de
iure (jure) in law dictum
remark
eiusdem generis
M
of the same kind or class
et seq and the following (pages)
ex variis causarum figuris (arising) from a variety of juristic figures
ibid (ibidem) in the same place
impossibilium nulla est obligatio there is no obligation to perform the impossible
infra below
in solidum joint and several (liability)
inter alia among other things
inter se between (among) themselves
ipso iure (jure) by operation of law
locus standi in iudicio (judicio) capacity to appear in court as a litigant
missio in possessionem release into possession
mutatis mutandis with the necessary changes
nomine officii in his official capacity (by virtue of his office)
nudum pactum non-binding agreement
nulla bona no property
obiter dictum remark in passing
pari passu simultaneously
persona person
prima facie at first sight
pro rata proportionately
stipulatio alteri stipulation in favour of a third party
substratum supra underlying reason for existence above
sv (sub voce) under the word
ultra vires Beyond the scope of its powers
verbatim Word for word
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