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A comparative analysis of an insolvent's capacity to earn a living within the South African constitutional context
Thesis (LLD)--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_ | 1867613434907983872 |
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| access_status_str | Open Access |
| author2 | Boraine, A. (Andre), 1957- |
| author_browse | Boraine, A. (Andre), 1957- |
| author_facet | Boraine, A. (Andre), 1957- |
| 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 | Thesis (LLD)--University of Pretoria, 2022. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/86552 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:36:05.775Z |
| 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:2263/86552 A comparative analysis of an insolvent's capacity to earn a living within the South African constitutional context Boraine, A. (Andre), 1957- zingapimrwetyana355@gmail.com Mabe, Zingapi Insolvency Law Constitutional law Labour Law Banking Law UCTD Thesis (LLD)--University of Pretoria, 2022. An insolvent person in South Africa faces many statutory restrictions regarding his capacity to earn a living. These impediments can be grouped into three stages: impediments before sequestration, impediments during sequestration, and impediments after sequestration. This thesis aims to consider the constitutionality of the impact that the restrictions imposed on unrehabilitated insolvents have on their capacity to earn a living; whether such restrictions are still justifiable given international best practice; and to make recommendations for law reform. This thesis also aims to re-evaluate the rationale for the existence of the current restrictions coupled with the long rehabilitation period generally provided for in our insolvency law within the context of modern needs and realities. Moreover, the goal is to establish whether such restrictions' internal dynamics and characteristics are constitutionally justifiable and aligned with international best practice. In this regard, it is argued that the restrictions imposed on unrehabilitated insolvents in South Africa limit their capacity to earn a living and are not always justifiable in light of constitutional values and international best practice. Therefore, this thesis concludes by making recommendations that could be considered by lawmakers embarking on law reform. Post Graduate Bursary for Masters and Doctoral students Mercantile Law PhD Unrestricted 2022-07-28T11:11:09Z 2022-07-28T11:11:09Z 2022-09-08 2022 Thesis Mabe, Z 2022, A comparative analysis of an insolvent's capacity to earn a living within the South African constitutional context, LLD thesis, University of Pretoria, Pretoria <https://repository.up.ac.za/handle/2263/86552> S2022 https://repository.up.ac.za/handle/2263/86552 10.25403/UPresearchdata.20391396 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 | Insolvency Law Constitutional law Labour Law Banking Law UCTD A comparative analysis of an insolvent's capacity to earn a living within the South African constitutional context |
| title | A comparative analysis of an insolvent's capacity to earn a living within the South African constitutional context |
| title_full | A comparative analysis of an insolvent's capacity to earn a living within the South African constitutional context |
| title_fullStr | A comparative analysis of an insolvent's capacity to earn a living within the South African constitutional context |
| title_full_unstemmed | A comparative analysis of an insolvent's capacity to earn a living within the South African constitutional context |
| title_short | A comparative analysis of an insolvent's capacity to earn a living within the South African constitutional context |
| title_sort | comparative analysis of an insolvent s capacity to earn a living within the south african constitutional context |
| topic | Insolvency Law Constitutional law Labour Law Banking Law UCTD |
| url | https://repository.up.ac.za/handle/2263/86552 |