mirage

Wessels v De Jager en die repudiëringskonstruksie in die insolvensiereg / deur Theunis Petrus Ebersohn

Boloka/Manakin Repository

Show simple item record

dc.contributor.author Ebersohn, Theunis Petrus
dc.date.accessioned 2009-02-19T12:39:36Z
dc.date.available 2009-02-19T12:39:36Z
dc.date.issued 2005
dc.identifier.uri http://hdl.handle.net/10394/972
dc.description Thesis (LL.M. (Estate Law))--North-West University, Potchefstroom Campus, 2006.
dc.description.abstract This mini-dissertation is primarily concerned with finding a solution to the problem regarding the repudiation of an inheritance by an insolvent. It is argued in the Wessels v De Jager case that when an insolvent repudiates an inheritance with the sole purpose of keeping the inheritance from being absolved by his creditors, such repudiation constitutes an act of insolvency. It is trite law that certain acts of insolvency can be rescinded in terms of section 26 of the Insolvency Act. To this end extensive use has been made of cases regarding this issue. Wessels v De Jager is the main point of departure regarding this study as it is the most recent case to establish a precedent. The court in Wessels found that the repudiation by an insolvent did not constitute an act of insolvency. In view thereof, it is suggested that the court erred in its finding in that the court based its decision primarily on the stipulation alteri. The stipulation alteri is an inherent contractual phenomenon. It is suggested that repudiation by an insolvent should be regarded as an act of insolvency. The corresponding reason for this premise is that when even at delatio certain rights exist. These rights are contingent or vested rights. The definition of asset in section 2 of the Insolvency Act is inclusive of contingent interests. Section 8 of the Insolvency Act stipulates that when an insolvent alienates his assets in such a way as to prejudice his creditors, such alienation constitutes a deed of insolvency. It is therefore argued that the repudiation of an inheritance by an insolvent heir is a deed of insolvency in terms of section 8 of the Insolvency Act which can be set aside by the court.
dc.publisher North-West University
dc.title Wessels v De Jager en die repudiëringskonstruksie in die insolvensiereg / deur Theunis Petrus Ebersohn en
dc.type Thesis en
dc.description.thesistype Masters


Files in this item

This item appears in the following Collection(s)

  • ETD@PUK [4874]
    This collection contains the original digitized versions of research conducted at the North-West University (Potchefstroom Campus)

Show simple item record

Search the NWU Repository


Advanced Search

Browse

My Account

Statistics