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1.

Law of Insolvency is a legal framework that deals with legal subjects or


legal jurists that are unable to pay of their debt. This comes because of
their inability to pay their own debts as their liabilities cannot pay off their
assets. The insolvent is officially declared by the court. The court decides
whether to liquidate the insolvent’s assets or restructure their debts.

2. Action proceedings come in the form of claiming by the plaintiff towards


the defendant. This may come in the form of asking for monetary value
that was not followed through despite initial agreements. Whereas
application proceedings involve enforcing your rights against another
legal subject. By doing this you either for them to do something or restrict
them from doing anything because of your rights.

4. Case law is an essential tool used by legal practitioners, in supporting


their argument for their clients. Case Law is law based on judicial
precedents made by the court in the events where disputes do not have
statutes or legislative backing. These court decisions are made based on
the facts at hand rather than current statutes or legislation.

5. Customary Law are principles and customs of a particular group of


people. These include social practice that become legally obligations that
those in this group must adhere to and become a legislation that govern
the community/ group’s behaviour and daily practices. The customary Law
is applicable in most areas as they reflect the individuals living and daily
practices. This may be used during court proceedings or any form of legal
activity. It’s important to also understand that living customary laws
reflect social norms of a particular group the best as they are not rigid and
ever changing because of the developments experienced in the group.

7. International public law is law that governs and regulates relationships


between nations, various boards and international organisations such as
the United Nations. In regulating countries these helps create international
peace. Which is a contributing factor to the interconnectivity of different
economics and governments. An example of a source of international
public law is treaties. These contractual treaties legally bound a country
with another dependant on the terms of the treaties. This contrasts
Private international law that are set of principles or rules that determine
the various legal procedures that will be applied to private disputes. These
closely looks at individual and private entities rather than looking at the
overall government/ country of which would be looked at in International
public law.

8. International law is law that regulates relationships between different


boarders as well as governs the relationship between states. In doing this,
the states hope to advocate for international peace, thus why these states
participate in proceedings such as treaties and Conventions to promote
this agenda. Whereas foreign Law is law that governs another country and
not your country. An example of this the republic of South Africa’s
Domestic Law is Malawi’s Foreign Law. It’s important to understand that
one country’s foreign law cannot govern another state. This, however, is
different than international law that is a collective regulation for
participating states as they are legally bound once they enter any
contractual treaty or convention.

9.1- Parties- Commissioner South African Revenue Service & Motion


Vehicle wholesalers (pty)

9.2 Date – 2007

9.3 Court – Supreme Court Of Appeal

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