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An analysis of selected regulatory shortcomings that affect the Master of the High Court's ability to execute its duties as the insolvency regulatory of South Africa

Mini Dissertation (LLM (Mercantile Law))--University of Pretoria, 2022.

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Other Authors: Van Wyk, Jani Sani
Format: Thesis
Language:English
Published: University of Pretoria 2023
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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 © 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 Mini Dissertation (LLM (Mercantile Law))--University of Pretoria, 2022.
format Thesis
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institution University of Pretoria (South Africa)
language English
last_indexed 2026-06-10T12:38:45.051Z
license_str Other — see source repository
provenance_str_mv Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository
publishDate 2023
publishDateRange 2023
publishDateSort 2023
publisher University of Pretoria
publisherStr University of Pretoria
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source_str UPSpace — University of Pretoria Institutional Repository
spelling oai:repository.up.ac.za:2263/89598 An analysis of selected regulatory shortcomings that affect the Master of the High Court's ability to execute its duties as the insolvency regulatory of South Africa Van Wyk, Jani Sani jamovan031@gmail.com Van der Meulen, James Master's Office Legislative Framework Legal Referral Provisions Regulatory UCTD Mini Dissertation (LLM (Mercantile Law))--University of Pretoria, 2022. This study analyses the regulatory shortcomings of the legislative framework pertaining to the Office of the Master of the High Court, insofar as it functions as the insolvency regulator of South Africa. The Master's office functioning, and practical problems associated with the Insolvency law regime are investigated. The study provides a general background regarding the development and importance of this institution, and the significance of the problems associated with the Master's office as a key entity to the success of the insolvency law process. The substantive discussion dealing with the legislative technicalities that implicate the Master's office within the insolvency law sphere focuses on the role, functions, and statutorily prescribed powers of the Office. The study further provides an internal comparative analysis of other similar bodies as it relates to the roles, powers and functions of these entities in order to determine, against the background of the challenges identified earlier, whether any viable adaptations can be made to the regulatory realm of the Master's office. After a critical analysis of the research findings, observations are made in order to provide recommendations for law reform. Mercantile Law LLM (Mercantile Law) Unrestricted 2023-02-15T14:07:14Z 2023-02-15T14:07:14Z 2021-04 2022 Mini Dissertation * A2023 https://repository.up.ac.za/handle/2263/89598 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 Master's Office
Legislative Framework
Legal
Referral Provisions
Regulatory
UCTD
An analysis of selected regulatory shortcomings that affect the Master of the High Court's ability to execute its duties as the insolvency regulatory of South Africa
title An analysis of selected regulatory shortcomings that affect the Master of the High Court's ability to execute its duties as the insolvency regulatory of South Africa
title_full An analysis of selected regulatory shortcomings that affect the Master of the High Court's ability to execute its duties as the insolvency regulatory of South Africa
title_fullStr An analysis of selected regulatory shortcomings that affect the Master of the High Court's ability to execute its duties as the insolvency regulatory of South Africa
title_full_unstemmed An analysis of selected regulatory shortcomings that affect the Master of the High Court's ability to execute its duties as the insolvency regulatory of South Africa
title_short An analysis of selected regulatory shortcomings that affect the Master of the High Court's ability to execute its duties as the insolvency regulatory of South Africa
title_sort analysis of selected regulatory shortcomings that affect the master of the high court s ability to execute its duties as the insolvency regulatory of south africa
topic Master's Office
Legislative Framework
Legal
Referral Provisions
Regulatory
UCTD
url https://repository.up.ac.za/handle/2263/89598