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MRL3701 ASSIGNMENT % PASS
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2024 SEMESTER 01 100% QUESTIONS AND ANSWERS 100 % PASS GUARANTEED 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...

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  • January 26, 2024
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MRL3701 Assessments 2024




Insolvency Law

MRL3701
Department of Mercantile Law


Assessment 1 Questions And Completed
Answers

Semester 1 - 2024

, 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.
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.
e. A debtor who has no assets and only liabilities can surrender his estate.




ANSWERS

a. True. An act of insolvency committed by a spouse in a community of property marriage
affects the joint estate, making both spouses potentially liable.

b. True. Because all the property of the insolvent at the date of sequestration vests in the

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