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Insolvency in South African law refers to a status of diminished legal capacity (capitis diminutio) imposed by the courts on persons who are unable to pay their debts, or (which amounts to the same thing) whose liabilities exceed their assets. The insolvent's diminished legal capacity entails deprivation of certain of his important legal ...
Harksen v Lane NO and Others is an important decision of the Constitutional Court of South Africa, delivered on 7 October 1997.The court dismissed a challenge to the constitutionality of the Insolvency Act, 1936, finding that it was consistent with the right to property and right to equality for the property of a solvent spouse to be attached to the insolvent estate of his or her partner.
Constitutional Court of South Africa: Full case name: Minister of Justice and Constitutional Development and Another v South African Restructuring and Insolvency Practitioners Association and Others : Decided: 5 July 2018 () Docket nos. CCT 13/17: Citations [2018] ZACC 20; 2018 (5) SA 349 (CC); 2018 (9) BCLR 1099 (CC) Case history; Prior actions
The website at the time of this transition carried approximately 700 judgments from South Africa and Namibia. SAFLII is currently in operation from within the Department of Public Law at the University of Cape Town and has been there from December 2013. SAFLII became a member of the Free Access to Law Movement at the Law Via the Internet ...
Walker v Syfret NO 1911 AD 141 is an important case in South African insolvency law. Facts. When L Co was wound up, JW (the plaintiff's brother) was the holder of ...
In Ex parte Harmse, an important case in South African insolvency law, the applicant's statement indicated an excess of assets over liabilities, but the only evidence that he adduced to prove otherwise were certain letters written by estate agents or valuers. The court held that the applicant had failed to adduce sufficient evidence to ...
Pages in category "South African insolvency case law" The following 6 pages are in this category, out of 6 total. This list may not reflect recent changes. E.
In Ex parte Slabbert, an important case in South African insolvency law, the applicant applied for surrender of an estate.In the application, it appeared that the copy of the notice of surrender, required by section 4 of the Insolvency Act, had stated that the applicant's statement of affairs would lie for inspection with the Master for a period of fourteen days from April 26.