Law of insolvency - Study guides, Class notes & Summaries

INSOLVENCY LAW_ MRL3701 SUMMARY NOTES WITH QUESTIONS. 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 eviden...

THEORY OF LAW ILW 102-5 1. Unit 1: What is law? 1.1. Types of laws: 1.1.1. Prohibitive laws say what we can’t do 1.1.2. Imperative laws say what we must do 1.1.3. Regulative laws say what we can do, but need not 1.1.4. Procedural laws say what will happen of law is not obeyed 1.2. State: has a philosophy of its law, for example democracy, and is not only ruled by its own laws (also ruled by international laws) 1.3. Law is a set of rules, based on certain basic ideas, that reg...

MRL3701 ASSIGNMENT 2 SEMESTER 1 OF 2023 [] 1. Which of the dispositions above may be set aside in terms of the common law, and what is the relevant action that may be used to set the disposition aside? (2) 2. What must the trustee prove to set aside a disposition made for no value? (2) 3. Regarding the factual scenario above, advise your client what a section 29 disposition is, state whether there is an exception to section 29 that may protect him, and what that exception is. Lastly sta...

Comprehensive notes for SQE2 Business Law including topics such as: Business and organisational characteristics: sole trader, partnership, LLP, private and unlisted public companies). Finance:funding options: debt and equity, types of security, distribution of profits and gains, financial records, information and accounting requirements. Corporate governance and compliance:rights, duties and powers of directors and shareholders of companies, company decision-making and meetings: procedural, d...

Contents 1 Shareholders and Company Meetings.......................................................................................................................2 2 Directors, Board Committees and the Company Secretary........................................................................................6 3 Duties of Directors...................................................................................................................................................13 4 Capacity and ...

This outline is based on lecture by Professor Ken Ayotte at UC Berkeley School of Law. This outline talks about the bankruptcy code and how a bankruptcy case is initiated in federal court. It goes on to talk about the effect of automatic stay on other pending case. It talks about bankruptcy of an individual, corporation and what remedies are available to them in event of insolvency.

MRL3701-INSOLVENCY LAW SUMMARY NOTES . STUDY UNIT 1 INTRODUCTION 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 ...

MRL3701-Insolvency Law SUMMARY NOTES WITH QUESTIONS. 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 o...

LPL4804 - Conveyancing_summaries_updated_1. 1. Differentiate between the positive and negative deeds registration systems. A. A positive system implies the following: a. The State guarantees to bona fidethird parties that the state register in the designated deeds registry is an authoritative record of the rights to clearly defined units of land. b. The State examines/investigates documentation and transactions for legality. c. The State completes and maintains a register of title. d. Reg...