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A comparative reappraisal of debt relief measures for natural person debtors in South Africa
Thesis (LLD)--University of Pretoria, 2015.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2016
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| _version_ | 1867613542897680384 |
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| access_status_str | Open Access |
| author2 | Roestoff, Melanie |
| author_browse | Roestoff, Melanie |
| author_facet | Roestoff, Melanie |
| collection | Thesis |
| dc_rights_str_mv | ©2016 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. |
| description | Thesis (LLD)--University of Pretoria, 2015. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/52372 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:48.825Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2016 |
| publishDateRange | 2016 |
| publishDateSort | 2016 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/52372 A comparative reappraisal of debt relief measures for natural person debtors in South Africa Roestoff, Melanie hermie.coetzee@up.ac.za Coetzee, Hermie UCTD SDG-16: Peace, justice and strong institutions Law theses SDG-16 Thesis (LLD)--University of Pretoria, 2015. The purpose of this thesis is to do a comparative reappraisal of debt relief measures available to natural person debtors in the South African insolvency law. Although the broader South African natural person insolvency system currently includes three statutory debt relief procedures, namely, the sequestration procedure regulated by the Insolvency Act 24 of 1936, the administration order procedure in terms of the Magistrates Courts Act 32 of 1944 and the debt review procedure found in the National Credit Act 34 of 2005, not all natural person debtors have access to the system. The majority of this marginalised group are debtors with no income and no assets (the so-called No Income No Asset (NINA) debtors). Also, only one measure provides real debt relief in the form of a statutory discharge of debt. Furthermore, the existing measures have developed in a haphazard fashion which has led to a multiplicity of procedures, regulators and forums that resulted in ineffectiveness, inequality and uncertainty. The larger system therefore lacks proper policy considerations. This thesis provides the reasons for reform by, amongst others, arguing that the present situation is unconstitutional as it unreasonably and unfairly discriminates against the NINA group of debtors in particular. It measures the broader South African system against internationally accepted principles of efficient and effective natural person insolvency regimes. In this regard it is found that the system as a whole is seriously deficient. With reference to international principles and guidelines as well as suitable attributes found in foreign jurisdictions, the thesis concludes with suggestions for real law reform. Both substantive and procedural recommendations are made. tm2016 Mercantile Law LLD Unrestricted 2016-05-04T13:46:01Z 2016-05-04T13:46:01Z 2015-12-10 2015 Thesis Coetzee, H 2015, A comparative reappraisal of debt relief measures for natural person debtors in South Africa, LLD Thesis, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/52372> D2015 http://hdl.handle.net/2263/52372 en ©2016 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD SDG-16: Peace, justice and strong institutions Law theses SDG-16 A comparative reappraisal of debt relief measures for natural person debtors in South Africa |
| title | A comparative reappraisal of debt relief measures for natural person debtors in South Africa |
| title_full | A comparative reappraisal of debt relief measures for natural person debtors in South Africa |
| title_fullStr | A comparative reappraisal of debt relief measures for natural person debtors in South Africa |
| title_full_unstemmed | A comparative reappraisal of debt relief measures for natural person debtors in South Africa |
| title_short | A comparative reappraisal of debt relief measures for natural person debtors in South Africa |
| title_sort | comparative reappraisal of debt relief measures for natural person debtors in south africa |
| topic | UCTD SDG-16: Peace, justice and strong institutions Law theses SDG-16 |
| url | http://hdl.handle.net/2263/52372 |