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Property inherited by an insolvent during his insolvency falls into his insolvent estate, notwithstanding a contrary provision in the testator's will. [29] However, if an insolvent refuses to accept property bequeathed to him or an insurance benefit of which he has been nominated as a beneficiary, the property or benefit in question does not ...
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.
In Miller v Janks, an important case in South African insolvency law, the court held that an insolvent possesses an estate capable of being sequestrated even though, at the time of sequestration, his estate consists only of liability.
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 floodplains of the Luvuvhu River and the Limpopo River.. South African property law regulates the "rights of people in or over certain objects or things." [1] It is concerned, in other words, with a person's ability to undertake certain actions with certain kinds of objects in accordance with South African law. [2]
In Anderson v Estate Anderson, an important case in the South African law of succession, the testator had bequeathed a farm to his four sons, subject to a fideicommissum in favour of their eldest sons to the fourth generation, and subject to the limitation that any son selling his share was bound to sell to the remaining sons or son.
The principal debt was invalid, and so, in turn, was the notarial bond. As, therefore, there was no legal obligation secured by the bond, the wife could not, on the insolvency of her husband, claim in a concursus creditorum on the bond. The decision of the court a quo (in the Natal Provincial Division) in Kilburn v Estate Kilburn was thus ...
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 ...