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dc.contributor.advisorStander, A.L.
dc.contributor.advisorRoos, M.C.
dc.contributor.authorBrits, Jacobus Strydom
dc.date.accessioned2009-03-16T08:32:23Z
dc.date.available2009-03-16T08:32:23Z
dc.date.issued2006
dc.identifier.urihttp://hdl.handle.net/10394/1471
dc.descriptionThesis (LL.M. (Estate Law))--North-West University, Potchefstroom Campus, 2007.
dc.description.abstractArticle 21 of the Insolvency Act states that the estate of the solvent spouse transfers to the curator of the insolvent spouse's sequestrated estate. The solvent spouse then has the burden to request the release of property vested in the curator of the insolvent estate. In accordance with Article 21(2), the spouse is required to prove a lawful title on the property. Should the spouse be able to prove a lawful title on the property, the curator is obligated to release the property. Although the constitutionality of this temporarily "deprivation" of the solvent spouse of her rights has already been confirmed by the Constitutional Court; it imposes drastic limitations to his/ her rights. The Insolvency Act does not incorporate procedural measures by means of which the curator has to establish whether the solvent spouse has exempted his/ her from the proof burden. In the same breath, the Constitution and the Promotion of Administrative Justice Act warrant that "everyone has the right to administrative action that is lawful. reasonable and procedurally fair." If the curator's actions, in accordance with Article 21. conform to the administrative procedures as set out in the Promotion of Administrative Justice Act, the spouse shall be entitled to administrative actions which are procedurally fair as concluded within the Promotion of Administrative Justice Act. The conclusion is proof that the actions of the curator, in accordance with Article 21 of the Insolvency Act, is indeed administrative by nature and that the solvent spouse has the right to administrative actions which is procedurally fair as prescribed in the Promotion of Administrative Justice Act, as well as the right to reasons for not being granted the release of property.
dc.publisherNorth-West University
dc.subjectAdministrative lawen
dc.subjectInsolvency lawen
dc.subjectAdministrative actionen
dc.subjectSolvent spouseen
dc.titleDie aard van die kurator se bevoegdhede ingevolge artikel 21 van die insolvensiewetafr
dc.typeThesisen
dc.description.thesistypeMasters


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