Mrl3701 exam pack 2021 - Study guides, Study notes & Summaries

MRL3701 Insolvency Law LATEST EXAM PACK 2020-2021. Question 1 Fill in the missing words: (a) The term "debtor" also embraces a person who is incapable of managing his own affairs. (2) (b) Thabo’s application for voluntary surrender must contain an allegation that it will be to the advantage of creditors if his estate is sequestrated. (2) (c) Christopher commits an act of insolvency by departing from his dwelling with the intent by doing so to evade payments of his debts. (2) (d) An...

MRL3701 EXAM PACK ANSWERS AND 2021 BRIEF NOTES.Case Law: NB: Magnum Financial Holdings (Pty) Ltd (in Liquidation) v Summerly and another NNO 1984 (1) SA 160 (W) Meaning of “insolvency” Common meaning – a person is insolvent when he is unable to pay his debts, however, The legal test for insolvency is whether the debtor's liabilities, fairly estimated, exceed his assets, fairly valued. The inability to pay debts Is merely evidence of insolvency. A person who has insufficient assets ...

INSOLVENCY LAW MRL3701 EXAM PACK 2021 – MAY / JUNE EXAMINATION PAPER Question 1 Fill in the missing words: (a) The term "debtor" also embraces a person who is incapable of managing his own affairs. (2) (b) Thabo’s application for voluntary surrender must contain an allegation that it will be to the advantage of creditors if his estate is sequestrated. (2) (c) Christopher commits an act of insolvency by departing from his dwelling with the intent by doing so to evade payments of...

QUESTION 1 Fill in the missing words or word: (a) A debtor’s estate is sequestrated, not the debtor himself. (2) (b) The debtor need not have ordinarily resided or carried on business for the entire 12 months preceding the sequestration application: ordinary residence or conduct of business at any time during that period suffices. (2) (c) Free residue’ is defined in s 2 as ‘that portion of the estate which is not subject to any right of preference by reason of any special mortgage, ...

MRL3701 EXAM PACK QUESTIONS AND ANSWERS (2020 - 2014) AND 2021 BRIEF NOTES

MRL3701 EXAM PACK 2021/2022 1 S`tudy unit 1INTRODUCTION TO INSOLVENCY LAW Identify the problem faced by the court in Magnum Financial Holdings. The only problem before the court was whether a trust could, at law, be sequestrated. Summarise the authority which the court relied on to solve the problem which it faced. No South African case seemed to have dealt with whether a trust could be sequestrated in terms of section 9(1) read with the definition of “debtor” in section 2 of 16 th...

MRL3701 EXAM PACK 2021/2022 1 S`tudy unit 1INTRODUCTION TO INSOLVENCY LAW Identify the problem faced by the court in Magnum Financial Holdings. The only problem before the court was whether a trust could, at law, be sequestrated. Summarise the authority which the court relied on to solve the problem which it faced. No South African case seemed to have dealt with whether a trust could be sequestrated in terms of section 9(1) read with the definition of “debtor” in section 2 of 16 th...

MRL3701 EXAM PACK 2021 | All Answers are Correct