Full Text Available
Note: Clicking the button above will open the full text document at the original institutional repository in a new window.
The role of judges on the commencement of reorganization proceedings
This dissertation aims to elaborate on the role of judges on the commencement of judicial reorganisation proceedings under the Mozambican new insolvency and business reorganisation law. An application to enter reorganization proceedings suspends all actions and executions for debt collection against...
Saved in:
| Main Author: | |
|---|---|
| Other Authors: | |
| Format: | Thesis |
| Language: | English |
| Published: |
Department of Commercial Law
2023
|
| Subjects: | |
| Tags: |
No Tags, Be the first to tag this record!
|
| _version_ | 1867613745899896832 |
|---|---|
| access_status_str | Open Access |
| author | Lucas, E Saute Ana Juliana De Sales |
| author2 | Bradfield, Graham |
| author_browse | Bradfield, Graham Lucas, E Saute Ana Juliana De Sales |
| author_facet | Bradfield, Graham Lucas, E Saute Ana Juliana De Sales |
| author_sort | Lucas, E Saute Ana Juliana De Sales |
| collection | Thesis |
| description | This dissertation aims to elaborate on the role of judges on the commencement of judicial reorganisation proceedings under the Mozambican new insolvency and business reorganisation law. An application to enter reorganization proceedings suspends all actions and executions for debt collection against the applicant interfering with his creditors' and other intervenor's rights. Debtors who are not facing distress can apply to enter reorganization proceedings in order to enjoy the stay of actions and executions, abusing court processes and causing harm to creditors. Judges play an important role preventing abuse of court processes by preliminary dismiss applications that lack material and formal requirements. they can produce evidence on their own motion by appointing an expert to examine and verify the truth of the facts, arguments and evidence presented by the applicant as to justify his or her right to enter reorganisation proceedings. Key words: insolvency law, reorganisation proceedings, commencement of reorganisation proceedings, abuse of process, suspension of actions and executions, preliminary dismissal, the role of judges. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/37463 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:41:02.432Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2023 |
| publishDateRange | 2023 |
| publishDateSort | 2023 |
| publisher | Department of Commercial Law |
| publisherStr | Department of Commercial Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/37463 The role of judges on the commencement of reorganization proceedings Lucas, E Saute Ana Juliana De Sales Bradfield, Graham Commercial Law This dissertation aims to elaborate on the role of judges on the commencement of judicial reorganisation proceedings under the Mozambican new insolvency and business reorganisation law. An application to enter reorganization proceedings suspends all actions and executions for debt collection against the applicant interfering with his creditors' and other intervenor's rights. Debtors who are not facing distress can apply to enter reorganization proceedings in order to enjoy the stay of actions and executions, abusing court processes and causing harm to creditors. Judges play an important role preventing abuse of court processes by preliminary dismiss applications that lack material and formal requirements. they can produce evidence on their own motion by appointing an expert to examine and verify the truth of the facts, arguments and evidence presented by the applicant as to justify his or her right to enter reorganisation proceedings. Key words: insolvency law, reorganisation proceedings, commencement of reorganisation proceedings, abuse of process, suspension of actions and executions, preliminary dismissal, the role of judges. 2023-03-16T09:56:43Z 2023-03-16T09:56:43Z 2022 2023-03-16T09:51:17Z Master Thesis Masters LLM http://hdl.handle.net/11427/37463 eng application/pdf Department of Commercial Law Faculty of Law |
| spellingShingle | Commercial Law Lucas, E Saute Ana Juliana De Sales The role of judges on the commencement of reorganization proceedings |
| thesis_degree_str | Master's |
| title | The role of judges on the commencement of reorganization proceedings |
| title_full | The role of judges on the commencement of reorganization proceedings |
| title_fullStr | The role of judges on the commencement of reorganization proceedings |
| title_full_unstemmed | The role of judges on the commencement of reorganization proceedings |
| title_short | The role of judges on the commencement of reorganization proceedings |
| title_sort | role of judges on the commencement of reorganization proceedings |
| topic | Commercial Law |
| url | http://hdl.handle.net/11427/37463 |
| work_keys_str_mv | AT lucasesauteanajulianadesales theroleofjudgesonthecommencementofreorganizationproceedings AT lucasesauteanajulianadesales roleofjudgesonthecommencementofreorganizationproceedings |