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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.
Werksmans Attorneys is a South African law firm [3] [4] with offices in Johannesburg, Cape Town and Stellenbosch. [5] It was established in 1917. In 1993, Werksmans was one of the founding members of LEX Africa, currently the oldest and largest African network.
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
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 ...
Insolvency law in South Africa; Pages in category "South African insolvency case law" The following 6 pages are in this category, out of 6 total.
In South Africa, owners of businesses that had at any stage traded insolvently (i.e. that had a balance-sheet insolvency) become personally liable for the business's debts. Trading insolvently is often regarded as normal business practice in South Africa, as long as the business is able to fulfill its debt obligations when they fall due.
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 ...