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An analysis of the justification of the stringent natural person insolvency law system in South Africa in light of the "advantage to creditors" requirement
Dissertation (LLM (Insolvency Law))--University of Pretoria, 2020.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2021
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| _version_ | 1867613440467533824 |
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| access_status_str | Open Access |
| author2 | Van Wyk, Jani Sani |
| author_browse | Van Wyk, Jani Sani |
| author_facet | Van Wyk, Jani Sani |
| 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 | Dissertation (LLM (Insolvency Law))--University of Pretoria, 2020. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/78699 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:36:11.018Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2021 |
| publishDateRange | 2021 |
| publishDateSort | 2021 |
| 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:2263/78699 An analysis of the justification of the stringent natural person insolvency law system in South Africa in light of the "advantage to creditors" requirement Van Wyk, Jani Sani gildenhuyshans@gmail.com Gildenhuys, Hans Jacob Natural Person Insolvency Dissertation (LLM (Insolvency Law))--University of Pretoria, 2020. The dissertation considers the justification of the stringent natural person insolvency system in light of the “advantage to creditors” requirement. Jackson’s (The Logic and Limits of Bankruptcy Law (1986) 3) criteria of “what is being addressed” by the South African natural person insolvency law system, and why that which is being addressed, is a “proper concern” of the South African system, is used as to assess the system. It is established that the South African natural person insolvency law system is a system which favours the protection of the interest of creditors. The international trend towards more debtor-orientated insolvency law systems, has become the topic of academic discussion, with the South African insolvency law system harsh criticised for not developing in line with this trend. It can be safe to state that academics, in analysing the South African insolvency law system, have discovered a “problem” with the South African system and are approaching their insolvency analyses by viewing the South African system as conflicting with or overriding some social or economic goal due to the fact that it has not necessarily developed in line with the international systems. In terms of the criteria established by Jackson for insolvency analyses, it can be argued that this approach is fundamentally flawed. The analysis in this dissertation is not undertaken for the purpose of identifying discrepancies or differences between the South African system and other natural person insolvency law systems found in foreign jurisdictions, but rather for the purpose of analysing the South African system against criteria distinctive to the purpose of its creation. Accordingly, to proceed with this analysis, one has to applying Jackson’s criteria and identify “what is being addressed” and why that which is addressed is a “proper concern” of the natural person insolvency law in South Africa. Against this background, it is possible to analyse the stringent South African natural person insolvency law system in light of the “advantage to creditors” requirement in a sound manner. Jurisprudence LLM (Insolvency Law) Unrestricted 2021-02-16T14:17:43Z 2021-02-16T14:17:43Z 2021-04 2020-11 Mini Dissertation Gildenhuys, HJ 2020, An analysis of the justification of the stringent natural person insolvency law system in South Africa in light of the "advantage to creditors" requirement, LLM (Insolvency Law) Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/78699> A2021 http://hdl.handle.net/2263/78699 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 | Natural Person Insolvency An analysis of the justification of the stringent natural person insolvency law system in South Africa in light of the "advantage to creditors" requirement |
| title | An analysis of the justification of the stringent natural person insolvency law system in South Africa in light of the "advantage to creditors" requirement |
| title_full | An analysis of the justification of the stringent natural person insolvency law system in South Africa in light of the "advantage to creditors" requirement |
| title_fullStr | An analysis of the justification of the stringent natural person insolvency law system in South Africa in light of the "advantage to creditors" requirement |
| title_full_unstemmed | An analysis of the justification of the stringent natural person insolvency law system in South Africa in light of the "advantage to creditors" requirement |
| title_short | An analysis of the justification of the stringent natural person insolvency law system in South Africa in light of the "advantage to creditors" requirement |
| title_sort | analysis of the justification of the stringent natural person insolvency law system in south africa in light of the advantage to creditors requirement |
| topic | Natural Person Insolvency |
| url | http://hdl.handle.net/2263/78699 |