Actio pauliana - Samenvattingen, Aantekeningen en Examens

DISPOSITION WHICH PREFERS ONE CREDITOR ABOVE ANOTHER :VOIDAABLE PREFERENCE Correct Answer What must be proved: I.t.o. Se 29(1) court may set aside a disposition made by the insolvent not more than 6 months before the sequestration of his estate or his death (where he is deceased and estate in insolvent) if disposition had the effect of preferring one of the insolvent's creditors above another and immediately after the disposition was made, the liabilities of the insolvent exceeded the value ...

MRL3701 PORTFOLIO MEMO - MAY/JUNE 2023 - SEMESTER 1 - UNISA - (DETAILED ANSWERS WITH FOOTNOTES - DISTINCTION GUARANTEED!) Question 1 1.1 Explain the purpose of a sequestration order. (5) 1.2 “A sequestration order may not be granted if a debtor has only one creditor and there are not enough assets to cover the costs of sequestration.” Indicate whether this statement is true or false, and then provide the reasons for your answer. (5) 1.3 David approaches you for advice. He inform...

THIS DOCUMENT CONTAINS A FULLY ANSWERED TAKE HOME - EXAMINATION FOR LAW OF DAMAGES / LPL4802- OCTOBER/ NOVEMBER. DUE DATE: 28 OCTOBER 2022

Question 1 1.1 Explain the concept "concursus creditorum" as well as what it presupposes. (5) 1.2 ABC Ltd is a British company that owns property which is lying in a warehouse in Cape Town harbour. ABC Ltd does not have a place of business in South Africa. Will the Western Cape High Court, Cape Town, have jurisdiction to sequestrate ABC Ltd.’s estate? (5) 1.3 Fred approaches you for advice. He informs you that Jenna owes him R24 000 for cleaning services rendered by his company. Fred expl...

DISPOSITION WHICH PREFERS ONE CREDITOR ABOVE ANOTHER :VOIDAABLE PREFERENCE - ANSWhat must be proved: I.t.o. Se 29(1) court may set aside a disposition made by the insolvent not more than 6 months before the sequestration of his estate or his death (where he is deceased and estate in insolvent) if disposition had the effect of preferring one of the insolvent's creditors above another and immediately after the disposition was made, the liabilities of the insolvent exceeded the value of his as...

Uitwerking van alle voorgeschreven arresten van het vak insolventierecht in het jaar 2023/2024.

Volledige samenvatting verbintenissenrecht tentamen. Inclusief alle jurisprudentie. Behaald met een 10.

MRL3701 EXAM PACK ANSWERS AND 2021 BRIEF NOTES. Study unit 12 - MEETINGS OF CREDITORS AND PROOF OF CLAIMS You are the trustee of Tenza’s insolvent estate. You have discovered that Tenza paid Bobby, Cynthia, and Donald within six months of the sequestration of his estate, for reasons that remain unclear. You wish to question Bobby, Cynthia, and Donald about these payments. On what occasions could they be questioned? Because a trustee has been appointed in respect of Tenza’s insolvent est...

Study notes for Unisa students: MRL3701 – INSOLVENCY LAW Downloaded by Emma Cain () lOMoARcPSD| Study Notes24 2 by Carella Holdings (Pty) Ltd. TABLE OF CONTENTS: STUDY UNIT 1 INTRODUCTION TO INSOLVENCY LAW 4 STUDY UNIT 2 – 3 VOLUNTARY SURRENDER 10 STUDY UNIT 4 – 5 COMPULSORY SEQUESTRATION 20 STUDY UNIT 6 THE LEGAL POSITION OF THE INSOLVENT 35 STUDY UNIT 7 VESTING OF THE ASSETS OF THE INSOLVENT 43 STUDY UNIT 8 VESTING OF THE ASSETS OF THE SOLVENT SOUSE 50 STUDY UNIT 9 – 1...

Dit is een uitwerking van de hoorcolleges van handelsrecht studiejaar 2020/2021.