A solidary debtor is obligated to share in the burden of making sure that the obligation is performed when one solidary debtor is insolvent. 22. When the object of an obligation is divisible, it may be treated either as divisible or indivisible by the parties to an obligation.   23. When the object of an […]

EVIDENCE LAW “Despite their Lordships’ proclamation in Woolmington v DPP that no whittling down of the principle [that the prosecution should prove the guilt of the defendant] should be entertained, there has been a significant tarnishing of the golden thread in the years since this decision.” Doak, McGourlay

True or False with detailed and clear explanation  11. Before substitution in a facultative obligation, only the principal obligation is due.   12. In a facultative obligation, only one obligation is due and demandable.   13. When there is multiplicity of p of parties in an obligation, the presumption is that the obligation is joint. […]

Jaya Sdn. Bhd. (Jaya) is a subsidiary of Delta Bhd. (Delta). Jaya has decided to remove its company auditor before the expiration of term of office in order to conform to the wishes of Delta, its holding company. Advise the board of directors of Jaya on the procedure to remove the existing auditor, and on […]

Sharon is a trainee supporting the licensed secretary of a public listed company. Explain to her the following matters to enable her to discharge her duties:  (a) The circumstances that a corporation (“S”) shall be deemed to be a subsidiary of another corporation (“H”).   (b) Rules on the passing of ordinary and special resolutions.   (c) […]

In the context of the Companies Act 2016, section 221(1) states that every director who is directly or indirectly interested in a contract with the company shall declare the nature of his interest at a meeting of the board of directors. Advise how the director shall declare his interests.