Browsing PER: Potchefstroom Electronic Law Journal by Subject "Sequestration"
Now showing items 1-5 of 5
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Enkele opmerkings oor bankrot munisipaliteite
(2015)The insolvency of municipalities is no longer a rare incident; it is a reality. It is interesting to note that even in the United States of America the insolvency of municipalities is currently an equally serious concern. ... -
The Payout of a Life Insurance Policy into an Unrehabilitated Insolvent's Estate : Malcolm Wentzel v Discovery Life Limited : In Re Botha v Wentzel (1001/19) [2020] ZASCA 121 (2 October 2020)
(PER/PELJ, 2022)One of the consequences of sequestration is the vesting of the property of an insolvent person in the trustee of the insolvent estate. However, not all the property of the insolvent person vests in the trustee as there ... -
Section 27 of the insolvency act 24 of 1936 as a violation of the equality clause of the constitution of South Africa: a critical analysis
(2016)This paper examines section 27 of the Insolvency Act 24 of 1936 within the context of the right to equality in section 9 of the Constitution of the Republic of South Africa, 1996 (the Constitution). Section 27 of the ... -
Sink or swim? Debt review's ambivalent "lifeline" — a second sequel to "… a tale of two judgments" Nedbank v Andrews (240/2011) 2011 ZAECPEHC 29 (10 May 2011); Firstrand Bank Ltd v Evans 2011 4 SA 597 (KZD) and Firstrand Bank Ltd v Janse van Rensburg 2012 2 All SA 186 (ECP)
(2012)The interface between the National Credit Act 34 of 2005 and the Insolvency Act 24 of 1936 has been the object of our courts' attention in a number of recent cases including Ex parte Ford and Two Similar Cases 2009 3 SA ... -
To sequestrate or not to sequestrate in view of the National Credit Act 34 of 2005: A tale of two judgements
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)The purpose of this article is to consider the impact of some of the provisions of the National Credit Act1 (the NCA) on sequestration applications in the form of applications for voluntary surrender, as well as compulsory ...
