A peremptory provision - Study guides, Study notes & Summaries

MRL3701 EXAM PACK 2022. Insolvency Law. Section 2 of the Insolvency Act, 24 of 1936 (“Act”) – Definitions 'insolvent' when used as a noun, means a debtor whose estate is under sequestration and includes such a debtor before the sequestration of his estate, according to the context. 'insolvent estate' means an estate under sequestration. Everyday language A person is unable to pay his debts = merely evidence of insolvency Legal test of insolvency A debtor’s liabilities, fairly e...

Study unit 1: Introduction to Insolvency Law 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 ...

IOS2601 MCQ EXAM PREP UPDATED 2022. Old order legislation may be defined as any legislation enacted before the final Constitution took effect. (b) Original legislation includes Acts of Parliaments, new provincial Acts, provincial ordinances, legislation of the former homelands, new municipal legislation and legislation of the former TBVC states. (1) Both statements are correct. (2) Only statement (b) is correct. (3) Both statements are wrong. (4) Only statement (a) is correct. (2) Only ...

IOS2601 MCQ EXAM PREPARATION 2022. In National Coalition for Gay and Lesbian Equality v Minister of Home Affair 2000 (2) S A 1 (CC) the Constitutional Court laid down a number of principles to be considered and followed before reading in or severance is applied. One of the statements below is NOT a principle laid down by the court with regard to reading in or severance. (1) the Courts must be able to define with sufficient precision how the legislative meaning ought to be modified to com...

MRL3701 STUDY SUMMARY NOTES WITH QUESTIONS. This is an all-inclusive and a complete guide to MRL3701 - Insolvency Law Introduction to Insolvency Law 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 va...

IOS2601 MCQ EXAM PREPARATION 2022. This is a complete and an all-inclusive guide to IOS2601 - Interpretation Of Statutes In National Coalition for Gay and Lesbian Equality v Minister of Home Affair 2000 (2) S A 1 (CC) the Constitutional Court laid down a number of principles to be considered and followed before reading in or severance is applied. One of the statements below is NOT a principle laid down by the court with regard to reading in or severance. (1) the Courts must be able to defin...

MRL3701 SUMMARY STUDY NOTES WITH QUESTIONS. This is a complete and an all-inclusive guide to MRL3701 - Insolvency Law 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 to discharge his liabilities (although he sat...

IOS2601 ASSIGNMENT 1 MEMO - SEMESTER 1 2022 - UNISA ASSIGNMENT 01 UNIQUE NUMBER: DUE DATE: 31MARCH2022(EXTENDED) QUESTION 1 1.1LIST the main grounds(at least five)on which the textualist approach to interpretation maybe criticized. (5) 1.2 DEFINE what interpretation by implication means and then LIST the five (5) main grounds of extension by implication. (7) 1.3 NAMEfive (5) generally accepted methods of constitutional interpretation. (5) 1.4 DEFINE what the term ‘law’ me...

2016 MCQs All Suggested Correct answers are highlighted in red Question 1 South African common law is known as... (1) English-Dutch law. (2) Latin law. (3) Roman-Dutch law. (4) Roman law. Question 2 According to the Constitution, the legislative menu consists of several items, such as municipal by-laws. Which of the following is NOT an item on the legislative menu? (1) Green Paper and White Paper policy legislation. (2) Provincial and national legislation. (3) Assigned...

MMC4200 Exam 2 Review Questions with Correct Answers How is the right to privacy defined? Where did the right to privacy come from? Is it expressed in the Constitution? - Answer--The right to be let alone -The right of a person to be free from unwarranted publicly -The right to the privacy came from: not expressed, it is implied in the constitution in the 1st, 3rd, 4th and 9th amendment. Amend. 1: Free speech Amend. 3: Quartering soldiers Amend. 4 Search & Seizure Amend. 9: Other peopl...