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The debt alleviation measures in terms of the National Credit Act 34 of 2005
LLM Mini-dissertation, University of Pretoria, 2022
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2022
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| _version_ | 1867613528011046912 |
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| access_status_str | Open Access |
| author2 | Renke, Stefan |
| author_browse | Renke, Stefan |
| author_facet | Renke, Stefan |
| collection | Thesis |
| dc_rights_str_mv | © 2022 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 | LLM Mini-dissertation, University of Pretoria, 2022 |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/83998 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:34.574Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2022 |
| publishDateRange | 2022 |
| publishDateSort | 2022 |
| 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:2263/83998 The debt alleviation measures in terms of the National Credit Act 34 of 2005 Renke, Stefan u17179425@tuks.co.za Shange, Khalipha UCTD Debt relief Insolvency law Debt intervention procedure Debt review National Credit Act LLM Mini-dissertation, University of Pretoria, 2022 SUMMARY There is a need for expeditious and efficient debt alleviation mechanisms to counter modern-day consumer over-indebtedness, of which obligations arising from credit agreements are a main source. The debt alleviation measures in the traditional insolvency regime, sequestration and administration orders, are inaccessible to no-income no-asset (“NINA”) debtors, mainly due to their lack of sufficient income and assets. In June 2007, when the National Credit Act 34 of 2005 (“NCA” or “Act”) became effective, it introduced an additional (to the aforementioned) debt alleviation measure into the insolvency regime, debt review. However, the latter also has access barriers for NINA debtors, and in an attempt to rectify this, the National Credit Amendment Act 7 of 2019 promulgated an even further debt alleviation procedure, debt intervention. The aim of my mini-dissertation is to investigate and compare the NCA’s debt alleviation measures, debt review and debt intervention, with the ultimate aim to ascertain whether the plight of over-indebted NINA debtors to access a sufficient insolvency measure is being addressed. My main finding is that although it is early days and the Regulations to give effect to the Act’s debt intervention process have not been promulgated yet, the legislature without doubt made a stride in the right direction when introducing debt intervention. LLM (Mercantile Law) LLM (Mercantile Law) Unrestricted 2022-02-16T13:24:03Z 2022-02-16T13:24:03Z 2022-04 2021 Dissertation * A2022 http://hdl.handle.net/2263/83998 en © 2022 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 Debt relief Insolvency law Debt intervention procedure Debt review National Credit Act The debt alleviation measures in terms of the National Credit Act 34 of 2005 |
| title | The debt alleviation measures in terms of the National Credit Act 34 of 2005 |
| title_full | The debt alleviation measures in terms of the National Credit Act 34 of 2005 |
| title_fullStr | The debt alleviation measures in terms of the National Credit Act 34 of 2005 |
| title_full_unstemmed | The debt alleviation measures in terms of the National Credit Act 34 of 2005 |
| title_short | The debt alleviation measures in terms of the National Credit Act 34 of 2005 |
| title_sort | debt alleviation measures in terms of the national credit act 34 of 2005 |
| topic | UCTD Debt relief Insolvency law Debt intervention procedure Debt review National Credit Act |
| url | http://hdl.handle.net/2263/83998 |