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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 ...
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
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.
Download QR code; Print/export Download as PDF; Printable version; ... Walker v Syfret NO 1911 AD 141 is an important case in South African insolvency law. Facts
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.
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 ...
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 ...
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