Insolvency law exam pack - Study guides, Class notes & Summaries
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MRL 3701 2022 LATEST EXAM PACK MEMOS 2015 To JUNE 2020. (ANSWERED)
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MRL 3701 2022 LATEST EXAM PACK MEMOS 2015 To JUNE 2020. (ANSWERED)INSOLVENCY 
LAW 
MRL 3701 
2020 EXAM PACK 
QUESTIONS AND ANSWERS FROM2015 TO 2020 
MAY 2020 Q & A 
NOV 2019 Q & A 
MAY 2019 Q & A 
OCT 2018 Q & A 
MAY 2018 Q & A 
NOV 2017 -Q & A 
NOV 2016 Q & A 
JUNE 2016 Q & A 
NOV 2015 Q & A
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MRL3701 EXAM PACK 2022
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MRL3701 EXAM PACK 2022. Meaning of “insolvency” 
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 liabiliti...
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MRL3701 EXAM PACK 2022
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MRL3701 EXAM PACK 2022. MRL3701 - Insolvency Law 
INTRODUCTION TO INSOLVENCY LAW 
1.1. Meaning of “insolvency” 
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...
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MRL3701 EXAM PACK 2022
- Exam (elaborations) • 204 pages • 2022
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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...
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MRL3701 EXAM PACK ANSWERS AND 2021 BRIEF NOTES
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MRL3701 EXAM PACK ANSWERS AND 2021 BRIEF NOTES.ENCY LAW (MERCANTILE LAW 1 MODULE 3701) 
Duration : 2 Hours 100 Marks 
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...
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MRL3701 EXAM PACK 2020-2021.
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MRL3701 
EXAM PACK 
2020-2021. 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 application for compulsory sequestration brought by a creditor wh...
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MRL3701
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MRL3701 EXAM PACK ANSWERS AND 2021 BRIEF NOTESSection 2 of Act – Definitions 
'debtor', in connection with the sequestration of the debtor's estate, means a person or a 
partnership or the estate of a person or partnership which is a debtor in the usual sense of the 
word, except a body corporate or a company or other association of persons which may be placed 
in liquidation under the law relating to Companies. 
A body corporate established in terms of the Sectional Titles Act, 95 of 2986,...
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MRL3701 EXAM PACK 2021
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MRL3701 EXAM 
PACK 2021. This is a complete guide to MRL3701 - Insolvency Law 
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 reaso...
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MRL3701 EXAM PACK 2020-2021.
- Exam (elaborations) • 60 pages • 2022
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MRL3701 EXAM PACK 2020-2021. 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 application for compulsory sequestration brought by a creditor who...
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MRL3701 EXAM PACK 2021.
- Exam (elaborations) • 50 pages • 2022
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MRL3701 EXAM 
PACK 2021. This is a complete and an all-inclusive guide to MRL3701 EXAM 
PACK 2021. 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 o...
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