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n Tydskrif vir die Suid-Afrikaanse Reg - Vernietigbare vervreemdings in die insolvensiereg as verwere vir 'n borg
Voidable dispositions in insolvency law as a defence for the surety
In a number of decisions various high courts held that a surety may rely on the fact that the main obligation to which the suretyship relates amounts to a voidable disposition in terms of the Insolvency Act 24 of 1936. This article attempts to analyse this notion, in view of various points of view raised by other commentators on the matter, and to provide a framework on how to deal with this matter in future.
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