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Miller V Janks
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 liabilities. Facts Miller had acquired an estate by means of his occupation as a professional gambler. His assets had subsequently disappeared under suspicious circumstances, leaving only liabilities. Miller's wife possessed fixed property, which she had received while Miller was pursuing his occupation. In an application by Janks to sequestrate Miller's estate, Miller contended that sequestration was not competent because he had no assets and, therefore, no estate. Law In ''Ex parte Collins'', the judge had held that an estate consists both of assets and of liabilities. If there were no assets but only liabilities, there could be no estate (and ''vice versa''). Were this proposition correct, no order of compulsory sequestration could be granted where ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Insolvency Law
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 capacities and rights, in the interests of protecting other persons, primarily the general body of existing creditors, but also prospective creditors. Insolvency is also of benefit to the insolvent, in that it grants him relief in certain respects. In broad and everyday terms, a person is insolvent when he is unable to pay his debts. In legal terms, however, the test for insolvency is whether or not the debtor's liabilities, fairly estimated, exceed his assets, fairly valued. Inability to pay debts is, at most, merely evidence, and in itself, of insolvency. A person who has insufficient assets to discharge his liabilities, although he sati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Law Reports, Transvaal Provincial Division
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information. A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." Where cases are published on paper, the citation usually contains the following information: * Court that issued the decision * Report title * Volume number * Page, section, or paragraph number * Publication year In some report series, for example in England, Australia and some in Canada, volumes are not numbered independently of the year: thus the year and volume number (usually no greater than 4) are required to identify which book of the series has the case repor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1944 In South African Law
Events Below, the events of World War II have the "WWII" prefix. January * January 2 – WWII: ** Free France, Free French General Jean de Lattre de Tassigny is appointed to command First Army (France), French Army B, part of the Sixth United States Army Group in North Africa. ** Landing at Saidor: 13,000 US and Australian troops land on Papua New Guinea, in an attempt to cut off a Japanese retreat. * January 8 – WWII: Philippine Commonwealth troops enter the province of Ilocos Sur in northern Luzon and attack Japanese forces. * January 11 ** President of the United States Franklin D. Roosevelt proposes a Second Bill of Rights for social and economic security, in his State of the Union address. ** The Nazi German administration expands Kraków-Płaszów concentration camp into the larger standalone ''Konzentrationslager Plaszow bei Krakau'' in occupied Poland. * January 12 – WWII: Winston Churchill and Charles de Gaulle begin a 2-day conference in Marrakech ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1944 In Case Law
Events Below, the events of World War II have the "WWII" prefix. January * January 2 – WWII: ** Free France, Free French General Jean de Lattre de Tassigny is appointed to command First Army (France), French Army B, part of the Sixth United States Army Group in North Africa. ** Landing at Saidor: 13,000 US and Australian troops land on Papua New Guinea, in an attempt to cut off a Japanese retreat. * January 8 – WWII: Philippine Commonwealth troops enter the province of Ilocos Sur in northern Luzon and attack Japanese forces. * January 11 ** President of the United States Franklin D. Roosevelt proposes a Second Bill of Rights for social and economic security, in his State of the Union address. ** The Nazi German administration expands Kraków-Płaszów concentration camp into the larger standalone ''Konzentrationslager Plaszow bei Krakau'' in occupied Poland. * January 12 – WWII: Winston Churchill and Charles de Gaulle begin a 2-day conference in Marrakech ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Insolvency Case Law
South is one of the cardinal directions or compass points. The direction is the opposite of north and is perpendicular to both east and west. Etymology The word ''south'' comes from Old English ''sūþ'', from earlier Proto-Germanic ''*sunþaz'' ("south"), possibly related to the same Proto-Indo-European root that the word ''sun'' derived from. Some languages describe south in the same way, from the fact that it is the direction of the sun at noon (in the Northern Hemisphere), like Latin meridies 'noon, south' (from medius 'middle' + dies 'day', cf English meridional), while others describe south as the right-hand side of the rising sun, like Biblical Hebrew תֵּימָן teiman 'south' from יָמִין yamin 'right', Aramaic תַּימנַא taymna from יָמִין yamin 'right' and Syriac ܬܰܝܡܢܳܐ taymna from ܝܰܡܝܺܢܳܐ yamina (hence the name of Yemen, the land to the south/right of the Levant). Navigation By convention, the ''bottom or down-facing side'' of a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
