(1) Explain the main purpose of a sequestration order in respect of Tenza’s
estate.(2)
The main purpose of a sequestration order is to ensure the orderly and fair
distribution of a debtor’s (Tenza’s) assets if his assets are not sufficient to pay all his
creditors in full.
(2) Give reaso...
StuDocu is not sponsored or endorsed by any college or university
, lOMoAR cPSD| 6444641
Study notes for Unisa students:
MRL3701 – INSOLVENCY LAW
, lOMoAR cPSD| 6444641
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 – 11 UNCOMPLETED CONTRACTS AND LEGAL
PROCEEDINGS NOT YET FINALISED 54
STUDY UNIT 12 MEETINGS OF CREDITORS AND PROOF
OF CLAIMS 65
STUDY UNIT 13 THE ELECTION OF THE TRUSTEE 68
STUDY UNIT 14 IMPEACHABLE DISPOSITIONS – INTRODUCTION
AND DISPOSITIONS MADE NOT FOR VALUE 74
STUDY UNIT 15 VOIDABLE DISPOSITIONS – VOIDABLE AND
UNDUE PREFERENCE, COLLUSIVE DEALINGS
AND THE ACTIO PAULIANA 81
STUDY UNIT 16 IMPEACHABLE DISPOSITIONS – TRANSFER OF
BUSINESS WITHOUT PRESCRIBED NOTICE 90
STUDY UNIT 17 CREDITORS’ CLAIMS AND THEIR RANKING - THE
DIFFERENT TYPES OF CREDITORS 93
STUDY UNIT 18 CREDITORS’ CLAIMS AND THEIR RANKING – THE
ORDER OF RANKING FOR PAYMENT 99
STUDY UNIT 19 COMPOSITION 103
STUDY UNIT 20 REHABILITATION 108
STUDY UNIT 21 PARTNERSHIP AND SEQUESTRATION 112
Study Notes24 2
by Carella Holdings (Pty) Ltd.
www.studynotes24.co.za
, lOMoAR cPSD| 6444641
STUDY UNIT 22 WINDING UP OF COMPANIES 117
STUDY UNIT 23 JUDICIAL MANAGEMENT AND COMPROMISE 124
STUDY UNIT 24 WINDING UP OF CLOSE CORPORATIONS 128
Study Notes24 3
by Carella Holdings (Pty) Ltd.
www.studynotes24.co.za
The benefits of buying summaries with Stuvia:
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
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
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 these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller boomamor2. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $9.49. You're not tied to anything after your purchase.
