100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
MRL3701 Assignment 1/ Semester 1 2024 R65,00
Add to cart

Exam (elaborations)

MRL3701 Assignment 1/ Semester 1 2024

 16 views  0 purchase

MRL3701 Assignment 1/ Semester 1 2024 Fully REFERENCED Work - Footnotes & Bibliography Extracts from Hockly's Textbook and Only Study Guide for Insolvency with three PARAPHRASED ANSWERS per Question to choose from. Writing an assignment was never this easy

Preview 2 out of 12  pages

  • January 18, 2024
  • 12
  • 2023/2024
  • Exam (elaborations)
  • Questions & answers
All documents for this subject (189)
avatar-seller
cameciacass
Insolvency Law

MRL3701

Department of Mercantile Law

Assessment 1 Questions

Semester 1 – 2024


Written by

Camecia Cass




BUY ME TO VIEW THE REST OF THE
ANSWER

, Assessment 01:

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.

Extract from Hockly’s Insolvency Law

False, an act of insolvency committed by a spouse to a marriage in
community of property operates as an act of insolvency by both
spouses and, accordingly, is a good ground for sequestration of the
joint estate (Standard Bank of SA Ltd v Sewpersadh & another 2005 (4)
SA 148 (C) 152-3).1



Paraphrased Options:

Option 1:
False, according to Standard Bank of SA Ltd v Sewpersadh and others 2005
(4) SA 148 (C) 152-3, a spouse's act of insolvency within a community of
property marriage functions as an act of insolvency by both spouses and, as
such, is a valid reason for the joint estate to be sequestrated.


Option 2:
False, a spouse in community property marriage who commits an act of
insolvency serves as a good basis for sequestration of the joint estate
because it functions as an act of insolvency by both spouses (Standard Bank
of SA Ltd v Sewpersadh and another 2005 (4) SA 148 (C) 152-3).


Option 3:


1
Robert Sharrock, Kathleen van Der Linde and Alastair Smith Hockly’s Insolvency Law (9 edn, 2012,
Juta & Co) 36.

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying this summary from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller cameciacass. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy this summary for R65,00. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

53068 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy summaries for 14 years now

Start selling
R65,00
  • (0)
Add to cart
Added