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The impact of business rescue proceedings on the rights of creditors
Mini Dissertation (LLM)--University of Pretoria, 2018.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2019
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| _version_ | 1867613682547032064 |
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| access_status_str | Open Access |
| author2 | Joubert, E.P. |
| author_browse | Joubert, E.P. |
| author_facet | Joubert, E.P. |
| collection | Thesis |
| dc_rights_str_mv | © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM)--University of Pretoria, 2018. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/70001 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:40:01.664Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2019 |
| publishDateRange | 2019 |
| publishDateSort | 2019 |
| 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:2263/70001 The impact of business rescue proceedings on the rights of creditors Joubert, E.P. u18099981@tuks.co.za Seunane, William UCTD Mini Dissertation (LLM)--University of Pretoria, 2018. The South African Companies Act of 2008 introduced business rescue in Chapter 6 of the Companies Act 71 of 2008. In terms of section 7 (k) of the Companies Act 71 of 2008, business rescue proceedings should provide for the efficient rescue and recovery of financially distressed companies in a manner that balances the rights and interest of all affected persons, inter alia, the creditors, employees, and shareholders. This dissertation will focus on the impact of business rescue proceedings on the rights and interests of creditors as one of the affected persons during the proceedings. The dissertation will analyse whether the rights of the creditors are adequately protected and if so, to what extent are they protected. The research paper will further consider the impact of the moratorium on the rights of creditors. Generally, during business rescue proceedings, all legal proceedings against the company are prohibited by the general moratorium and this includes claims by creditors. Last but not least, the business rescue regime in the international jurisdictions such as the United Kingdom and Australia will be explored in comparison with the South African law. The reason behind the choice of the above-mentioned jurisdictions is that they both share commonwealth heritage strategy with South Africa and they have existing business rescue regimes with objects almost similar to the South African regime. Mercantile Law LLM Unrestricted 2019-06-02T11:39:43Z 2019-06-02T11:39:43Z 2019/04/04 2018 Mini Dissertation Seunane, W 2018, The impact of business rescue proceedings on the rights of creditors, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/70001> A2019 http://hdl.handle.net/2263/70001 en © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD The impact of business rescue proceedings on the rights of creditors |
| title | The impact of business rescue proceedings on the rights of creditors |
| title_full | The impact of business rescue proceedings on the rights of creditors |
| title_fullStr | The impact of business rescue proceedings on the rights of creditors |
| title_full_unstemmed | The impact of business rescue proceedings on the rights of creditors |
| title_short | The impact of business rescue proceedings on the rights of creditors |
| title_sort | impact of business rescue proceedings on the rights of creditors |
| topic | UCTD |
| url | http://hdl.handle.net/2263/70001 |